The legitimacy of surrogacy in the USA is actually still an on-going controversy. In addition to having surrogacy legal in some states in the US, it is the rules concerning the treatment that complexes the matter, and also increases inquiries coming from different communities in the country. Once you and your partner have decided to sign up for surrogacy services, you will need to familiarize yourself with information regarding surrogacy laws and legal issues per state. This will ease a little of the overwhelming feeling you are bound to get once you start your research on the topic.
The Basic Elements of Surrogacy Agreements
A legal professional with an extensive knowledge of Surrogacy laws is a key participant that will assist you in coming up with a contract with your surrogate. It is ideal to have independent or separate lawyers as well.
Having a list similar to the one below is important to outline the items that are essential to be agreed upon with your surrogate.
1. Names of parties involved, namely, the couple and the surrogate.
2. Must be of Legal Age.
3. Number of attempts.
4. The process of achieving surrogate’s pregnancy, like “no sexual intercourse.”
5. Agreement to sustain and continue the pregnancy.
6. A declaration that the mother cannot conceive a child and sustain a pregnancy.
7. Statement of in depth medical and mental condition of the woman who carries the intended
parents baby as agreed.
8. Medical insurance for all parties involved in the placement of the embryo.
9. Modern technology or practices involving the placement of the embryo.
10. Close monitoring and checking of surrogate’s activities as well as medication ingested.
11. Agreement on regular prenatal medical health care
12. Restriction on surrogate’s activities that may be considered threatening to pregnancy and the
birthing process.
13. Parental rights of the surrogate.
14. The presence of the couple during birth.
15. Legal or physical custody of the surrogate and the couple once the child is delivered.
16. Financial considerations before, during, and after pregnancy.
17. Confidentiality terms.
The items discussed above covers much of what is needed, but it is better to consider other factors to help you prepare for cases that you are not yet aware of. Planning ahead is critical at this stage to avoid having problems that will not only affect you but also the child‘s welfare.
Surrogate’s Compensation
The surrogate’s pay is one of the many issues to expect when deciding to opt for surrogacy. This answers the question on how just how much a surrogate is entitled to. It also covers the schedule of payment – before and during pregnancy checkups and medications, child delivery, and after birth. Expect more issues to arise if the childbirth is complicated or compromised due to medical issues. Given this, it is strongly advisable for all possible cases to be anticipated and covered, which includes fiscal commitments and insurances. Take note as well that whatever compensation a traditional or gestational surrogate gets, it is important to know that they are not an employee. Even if the surrogate does it for free, they are still not qualified under the definition of employee-employer relationship.
Gestational or Traditional Surrogacy
It is essential to know the difference between these two types of Surrogacy procedures. Traditional Surrogacy is the process wherein the surrogate undergoes artificial insemination or IVF by combining the surrogate’s eggs with the sperm of the donor. In this case, the surrogate has a genetic connection to the child, which could be very risky because of the said genetic link.
Gestational Surrogacy on the other hand, is the process wherein the surrogate carries the pregnancy and delivers the child from an already fertilized embryo. The egg and sperm are from the couples who request the help of a surrogate. In this case, the surrogate serves only as a carrier for the child, and there is no genetic link involved.
Legal Matters Post-Birth Adoption
There are still many legalities to be checked and agreed upon prior to or after the child’s birth. In many states, legal courts allow the intended parent’s name directly indicated on the child’s birth certificate. In other states, the surrogate’s name is the one placed on the birth documents, which can be amended in the future when the order for the intended parent’s come and be listed. Some states allow pre-birth order, however only under certain conditions. The main point is to know and understand the laws of each state in terms of surrogacy.
