An introduction to Surrogacy

 

It is highly unfortunate that millions of individuals and couples around the globe suffer from infertility issues and are reproductively challenged for various medical reasons.

 

Surrogacy is an alternative to infertility. Surrogacy has resulted in thousands of pregnancies being taken to term successfully and babies born to Intended Parents in the United States of America, Europe, Australia and in other parts of the World with help from surrogate mothers.

 

In recent years there has been introduction of International Surrogacy. International Surrogacy extends the opportunity for parenthood to those that do not have the option of Surrogacy in their own country due to legal or financial reasons - the surrogate mother is often based in India, China or the Middle East.

 

There are two types of surrogacy:

• Gestational surrogacy;
• Traditional surrogacy.

 

The most common form of surrogacy is the “Gestational Surrogacy” in which the Intended Mother or Donor’s egg is used. The child is not genetically linked to the Surrogate Mother. This option is widely used by women who are not able to carry a pregnancy.

 

“Traditional Surrogacy”, is when the Surrogate Mother’s egg is fertilized by the Sperm Donor or Intended Father’s sperm. In this case the unborn child is genetically related to the Surrogate Mother.

 

In both cases the child can be conceived by either artificial insemination or IVF (in-vitro fertilization).

 

The agreement between the intended parents and the surrogate is perhaps one of the most difficult hurdles. A written agreement may seem rigid and old fashioned, however, it is highly recommended so that the intentions of the parties are recorded early on.

 

Not all Surrogacy contracts are same and not all Surrogate mothers will want to settle similar terms and conditions.

 

One important factor is the fee and its disbursement, for example. The fee usually varies widely between the two concepts of Traditional and Gestational surrogacy. In the context of Traditional surrogacy it is felt that since the Surrogate is not only the carrier but also the egg donor, the amount of fee payable should be more. On the other hand Gestational Surrogates may ask for more citing reasons that the amount of time and medications they may have to go through entitles them to a higher compensation.

 

It is all the more important therefore that the contract should state in so very specific terms as to how the fee will be disbursed. In our suggestion agree for a lump sum amount and make the payment arrangement segregated into various stages of the pregnancy. It is not a good idea to disburse entire payment at once upon the surrogacy arrangement being finalised or after the baby is born, because of cases of premature birth.

 

A monthly allowance to cover several miscellaneous expenses such as Insurance Premium, medications and special foods that may be required during the period of pregnancy, should be made payable to the surrogate subject to production of receipts. Make sure this is clearly included in your contract.

 

It is also wise for a surrogate to ask for a c-section fee.

 

Always opt for getting the draft contract reviewed by a qualified lawyer who does it with specific reference to your case and circumstances. It is important that no ambiguities remain and the contract ends up properly explaining each and every condition in a way everyone concerned can understand it.

 

You may also want to consider the option of the Surrogate and her Husband relinquishing all legal and parental rights and responsibilities for the Child. An option of course, is to allow the surrogate mother to see the child, as and when you decide is appropriate. This of course is a matter for very careful consideration. Any decision you agree however, should be recorded in the surrogacy agreement.

 

Looking for a surrogacy agreement? See the links on the right hand side of this page.