There are times when someone is seeking to be a surrogate so they can help a family member or friend to have a child. Even when everyone has the best intentions, it’s still essential for you to understand the potential risks associated with this undertaking. Educating yourself at the outset of the process will help to make the surrogacy journey a positive experience for everyone. You should also know, even if you seeking to become a surrogate, without receiving compensation, you’ll still need to meet the eligibility criteria applicable to all surrogacy arrangements.
In sum, you should be between the ages of 21 and 45 and you should have carried at least one successful pregnancy to term without complications. You’ll also need to pass the medical screening required to determine whether you’re healthy enough to undergo the embryo transfer process and the risks associated with any pregnancy. If you don’t meet these requirements, your doctor and the other professionals involved may not approve you to be a surrogate.
You and the intended parents should speak openly and honestly with one another to ensure that everyone’s expectations for the pregnancy and period after birth are well understood and that everyone is on the same page. Next, you will need to complete a screening and assessment to determine whether you are physically, medically and emotionally ready for the challenges ahead. Intended parents also need to be screened to make sure they have the capacity to parent a child born through surrogacy. The required screening and assessments will likely be performed at the IVF Clinic.
Once approved, you and the intended parents can enter into the surrogacy contract. After the surrogacy agreement has been executed, the fertility clinic will arrange for you to start the medication required to prepare you for the embryo transfer procedure. Once your pregnancy is confirmed, you will be on the path toward helping your loved one build their family.
The answer becomes clear once you understand the purpose and components of the surrogacy agreement. A well-drafted gestational carrier agreement outlines every step of the surrogacy process including:
An experienced surrogacy attorney will ensure that these components are addressed in a manner which protects your interests and the integrity of the process. Because surrogacy contracts are only legally enforceable if they conform to legal requirements, it’s essential that your agreement be drafted and/or reviewed by attorneys with specific experience in this area of the law.
Even if you are not requesting compensation, it’s still important for your attorney to ensure that your interests are protected and that your surrogacy-related expenses will be paid by the intended parents. As with all expenses related to the surrogacy arrangement, the fees charged by your attorney should be paid by the intended parents.
The law firm of Rumbold & Seidelman has guided many surrogates and intended parents through the process of surrogacy within the family or among friends in both New York and New Jersey. We are happy to help you, too. For more information, we encourage you to contact our law firm at 914-779-1050 or complete our online form.
