Surrogacy is no doubt a complicated journey for everyone involved. Not only are you dealing with a complex medical procedure, but the legal process is also complex and highly regulated. For that reason, you and the surrogate should thoroughly research your options before settling on a particular professional.
Below, you’ll find information which we hope you find useful as you set out to select your required professionals.
Most intended parents work with a surrogacy agency (also known as a surrogacy matching program) to guide them through the complex surrogacy process. New Jersey intended parents may work with any matching program of their choice. By contrast, those pursuing a surrogacy arrangement in New York may only work with matching programs licensed by the state of New York. Working with a matching program is not necessary if you’re comfortable locating the surrogate on your own and taking responsibility for the many details required along the way.
The specific services a surrogacy matching program should provide include:
Because matching program fees vary, along with the quality and comprehensiveness of the services provided, you should diligently research any program prior to making a commitment. Your due diligence should include: speaking with program staff to make sure you’d be comfortable working with them and speaking with other intended parents to hear about their experience with the program. It’s also a good idea to review the program’s “service agreement” to see what services are included in their fee, what funds are at risk in the event you don’t have a successful pregnancy, and any other terms and conditions of service. Infertility advocacy groups, such as Resolve and Family Equality, also provide a wealth of information about surrogacy matching programs. Finally, contact the Better Business Bureau to determine whether the program has had any complaints lodged against them. These steps are critical to protecting the integrity of the surrogacy process as well as the substantial funds you’ll be providing to the program to cover service costs. It’s important to understand that, unlike medical clinics and attorneys, which are highly regulated, surrogacy matching programs, except in New York, are not typically regulated by either the state or federal government.
Every intended parent will need to work with a surrogacy clinic (also called an IVF or fertility clinic) because only a specialized medical provider has the skill to perform all of the required medical screenings, the mental health assessments, and the embryo transfer procedure. If you and the surrogate live at a distance from one another, the surrogate may undergo some of her medical screenings and examinations at a clinic near her home and then travel to your IVF clinic to undergo the embryo transfer procedure. After the embryo transfer takes place, the surrogate will return home and receive her prenatal care from her own obstetrician.
If you have not yet selected a surrogacy clinic, it’s important to research which clinic is the best match for you based on their fees, clinic location, the reputation and success rates of the physicians, and whether you feel comfortable with the clinic staff. Our surrogacy attorneys can provide you with referrals to trusted surrogacy clinics, or intended parents can search for a clinic on their own through the database provided by the American Society for Reproductive Medicine as well as the list of providers included on the Resolve or Family Equality websites.
Every intended parent and surrogate needs to work with an attorney, regardless of their circumstances and where they live. The surrogacy lawyer’s role is to protect the rights and interests of their client(s) throughout the legal process. Before the surrogate becomes pregnant, all parties should understand the medical and legal process, their responsibilities at each step in the process, and the risks they may confront along the way. Experience has shown that, when the parties are fully informed, things will proceed more smoothly. In addition, the attorney’s job is to ensure that the parties have complied with the legal requirements necessary for the intended parents to obtain a court order recognizing their parental relationship with the child.
