Your Rights as a

Surrogate

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As a surrogate, your rights and peace of mind are essential

The rights of a surrogate can vary depending on laws of the country or state where the surrogacy arrangement takes place. It's essential for the surrogate and the intended parents to have a clear and legally binding contract that outlines the rights, responsibilities, and expectations of each party, drafted by experienced attorneys who understand the nuances of each state’s laws.

Here are some common aspects of a surrogate's rights in surrogacy arrangements:

1. Informed Consent

Surrogates have the right to provide informed consent before entering into a surrogacy arrangement. This means they should fully understand the medical, emotional, and legal aspects of the process and willingly agree to participate.

2. Medical Decisions

The surrogate typically has the right to make decisions regarding her own health and prenatal care. She may also have the right to refuse certain medical procedures, although this should be clearly defined in the surrogacy contract.

3. Legal Rights

Surrogates and intended parents may have different rights depending on the jurisdiction. Some places grant the surrogate certain legal rights over the child until a formal legal transfer of parental rights occurs.

4. Compensation and Expenses

Surrogates have the right to receive agreed-upon compensation for their time, effort, and any medical or other expenses incurred during the surrogacy process. The terms should be outlined in the surrogacy contract.

5. Confidentiality and Privacy

Surrogates often have the right to maintain their privacy and confidentiality. They may not be required to disclose their identity to the child or the public unless they voluntarily choose to do so.

6. Termination of Pregnancy

In the event of a severe medical issue or fetal abnormality, surrogates and intended parents may need to decide on the termination of the pregnancy. These rights and decisions should be discussed ahead of time and detailed in the surrogacy contract.

7. Legal Parentage

The legal process for transferring parental rights from the surrogate to the intended parents should be addressed in the surrogacy agreement. The surrogate will have to cooperate with filing proper documents in order for the intended parents to be declared the legal parents of the child.

Read the University of Pennsylvania Gazette Article that describes the legal challenges that confronted Melissa on her journey to parenthood and how she shaped the law to ensure the parental rights of her three children. Learn how these groundbreaking efforts paved the way for others to realize their dreams.

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Frequently Asked Questions About Becoming a Surrogate

What is a surrogate mother?

Surrogacy is a reproductive method where a woman, known as a surrogate mother or gestational carrier, carries and gives birth to a baby for intended parents who may be unable to conceive and carry a pregnancy themselves. There are two primary types of surrogacy:

1. Traditional Surrogacy: In a traditional surrogacy arrangement, the surrogate not only carries the pregnancy but also provides the egg used for fertilization. This means that the surrogate is biologically related to the child she is carrying because her own egg is used. Traditional surrogacy is less common in the United States and other countries due to various legal and ethical complexities.

2. Gestational Surrogacy: In gestational surrogacy, the surrogate carries a child conceived using the intended parents' or donor's egg and sperm through in vitro fertilization (IVF). In this case, the surrogate is not biologically related to the child she carries. This is the more common form of surrogacy and is often used when intended parents are unable to carry a pregnancy to term due to medical reasons or other factors.

Surrogacy laws vary by country and state. It's essential to understand the legal aspects of surrogacy in your area, including the rights and responsibilities of all parties involved. For information on your specific state, please contact us.

Intended parents who may use surrogates include those who cannot carry a pregnancy due to medical conditions, same-sex couples, or individuals who want to have a biological child but cannot do so.

The process of becoming a surrogate typically involves:

a. Meeting certain criteria, including age, health, and previous pregnancy history.

b. Enlisting with a surrogacy agency or finding a group (oftentimes online) that will connect you with intended parents.

c. Undergoing medical and psychological evaluations.

d. Signing a contract with the intended parents that outlines your responsibilities, compensation, and expectations.

e. Undergoing in vitro fertilization (IVF) to become pregnant.

f. Carrying the pregnancy to term and delivering the baby.

Surrogate compensation varies depending on factors such as location, experience, and the surrogacy agency. Compensation can include a base fee, medical expenses, and additional allowances for specific situations. When surrogates carry a child for family or friends, it is often altruistic and the surrogate does not receive any compensation, or may just receive expenses from the intended parents for travel, wages lost from time off of work, maternity clothes, or the like.

There are a lot of emotional demands involved with becoming a surrogate, as it involves a deep commitment to the intended parents and the baby you are carrying. It is essential that you receive emotional support and counseling during the process.

You must have had at least one previous successful pregnancy in order to become a surrogate. You must be able to carry a pregnancy to term and have a healthy delivery.

While surrogacy is generally safe, it involves medical procedures, potential complications, and the emotional toll of carrying a child for someone else. You should discuss the potential risks with your medical team.

If you are working with an agency, you may have some say in choosing the intended parents. Finding intended parents independently can offer more control and flexibility in the selection process, but it also comes with increased responsibilities and potential challenges. Make sure to thoroughly research and understand the legal and practical aspects of surrogacy and seek professional guidance to ensure a successful and legally compliant surrogacy journey.

Surrogacy agencies often provide support, and it's also recommended to seek emotional and psychological support, including counseling, to help cope with the emotional challenges of surrogacy.

Before becoming a surrogate, it's extremely important to research the process, consider the emotional and physical demands, and seek legal and medical advice to make an informed decision.

Questions about your rights as a Surrogate?

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