For Surrogates

The generous and compassionate women who become surrogate mothers are motivated to give the gift of parenthood to individuals who must use surrogacy to build their families.

Surrogate mothers, also known as gestational carriers, are women who love being pregnant and enjoy the maternity experience. Florida statutes will require a gestational carrier to be over the age of 18, to submit to reasonable medical evaluation, treatment and prenatal care and to retain the sole consent with respect to clinical intervention and management of her pregnancy.

bellyIt is important, however, that surrogate mothers be legally protected through a surrogacy contract and be represented by competent, independent legal counsel.

Occasionally a woman will become a compassionate surrogate for a family member or friend and not want payment for their services. Generally, however, the majority of surrogate mothers expect reasonable compensation for their time and effort. Surrogacy does not take the place of a job and surrogates must demonstrate financial stability, a supportive network of family or friends, and a means of transportation to attend all the necessary medical appointments. Surrogacy reimbursement can be a wonderful supplement to be used for a down payment on a house or funding a nest egg for their children’s education.

From a legal perspective after confirming the amount of her monthly reimbursement, the surrogate mother will want an assurance that her money will be available and she will be paid on a timely basis. The week before the embryo transfer, her funds are put in an escrow account held by an independent escrow agency not associated with the match.

Secondarily, surrogates are concerned about not being stuck with medical bills or having their credit affected if the intended parents don’t pay their medical bills. The contract will be designed around the needs of both Parties. That necessarily includes having all medical bills being paid by the Intended Parents as soon as they are known.

Intended Parents and Surrogates both need to have open and honest discussions with their psychologist about all issues which may arise during the surrogacy journey. Such issues should include the maximum numbers of embryos transferred, the possibility for selective reduction or abortion, the amount and type of interaction the Parties will need to feel comfortable during the journey and the post-birth period.

Intended parents and surrogates both need to have open and honest discussions with their lawyers about all the issues involved in the surrogacy process, including carrying multiples, selective reduction, the conditions under which a pregnancy would or would not be terminated, the type of communication and interaction desired and other pertinent issues. Surrogate mothers and their intended parents must be “on the same page,” so to speak, in order to have a successful legal experience.