FREQUENTLY ASKED QUESTIONS
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Your Guide to the Legal Aspects of Building Your Family
At Tsong Law Group, we know that embarking on a third-party reproduction journey involves complex legal, financial, and emotional decisions. We have compiled this comprehensive guide to help Intended Parents, Surrogates, and Donors navigate the process with clarity and confidence.
Select a category to explore our most frequently asked questions:
Financial: Costs, Escrow & Taxes
How much does a surrogacy journey in the US cost?
Average cost for a surrogacy journey (2021–2023): $161,000 Intended parents’ average budget: $131,000 60% paid more than $150,000, while only 27% budgeted that amount Average surrogate compensation increased from $45,000 to $50,000 from 2019 to 2023 and is expected to increase further. 73% of intended parents who completed a journey reported that the financial burden was a barrier. They suggest working with their firm to use their Seedcoach benefit for financial coaching (budgeting, grants, benefits, fundraising).
How do I afford a surrogacy/egg donation journey?
This is not really a legal question but it is a common question. → There are a limited number of grants → Some people come up with a savings plan → Some look for loans (commonly a home equity loan) → Legal insurance can also help cover attorney fees They note they will be working on adding Seedcoach as a free benefit to their ART clients if they need help budgeting.
Do I need an escrow account for surrogacy?
California: If an agent or agency assists with the match, an escrow or trust account is required. New York: Requires an escrow account if the surrogate is compensated. Other states may also require escrow. In California, the trust account may not be held by the agent/agency; it must be held by a bonded and licensed escrow company or an attorney. It is generally a good idea to have an escrow account when the surrogate is compensated, as disputes over nonpayment are a major reason parties end up in court.
What should I look for in an escrow company for my reproductive journey?
Financial Stability – Choose a financially stable provider with a strong team and experience managing complex transactions and disbursements. Transparency – Ensure there’s a way to see balances and disbursement requests so errors or unauthorized transactions can be caught quickly. Reputation – Seek recommendations from professionals or former clients to confirm reliability. Protection – Verify the company has adequate bonding and protections against cyber‑attacks, theft, and errors to cover potential losses.
How much should intended parents deposit in the escrow account in a surrogacy journey?
If the parties are working with an agency, the agency usually will provide the amount. If it’s not provided, one rule of thumb is around $20,000 more than the base compensation. However, this amount may vary depending on if there are expected lost wages for the surrogate, as well as if the escrow pays for the insurance. Some intended parents are reluctant to put in the full amount until the surrogate is confirmed pregnant. So there may be multiple deposits, one at the time of legal clearance and one at the time of a pregnancy confirmation.
When can the escrow or trust account be closed in a surrogacy case?
The amount of time the escrow stays open will be a term in the contract between the parties. In cases where there is a birth, the escrow usually stays open 6–12 months after the birth. This is because it can take months after a birth for the insurance company to process the bills, and the uncovered amount will be the responsibility of the intended parents to pay. The escrow can be open longer if there is a dispute with the insurance company or there is a lien by the insurance company. It is in the surrogate’s interest to try to keep the escrow open as long as there could still be bills outstanding. Some contracts extend to escrow closing in the event of complications before or after delivery so it does not close before the insurance has processed all outstanding services.
Can Intended Parents write off surrogacy expenses as medical expenses on their taxes?
The IRS ruled that expenses involving egg donation, IVF procedures, and gestational surrogacy incurred by third parties are not eligible for medical expenses. Only procedures on the taxpayer’s own body were viewed as deductible medical expenses.
If intended parents can’t write off surrogacy expenses on their taxes, what if they made the surrogate their employee?
This would be a bad idea. Employees have many protections (workers’ compensation, anti‑discrimination, harassment, wage and hour laws). It’s hard to see how a surrogate could validly be treated as an employee. An employee can always quit, but a surrogacy contract cannot be terminated while the surrogate is pregnant. It’s doubtful that requiring IVF, invasive procedures, and childbirth could be lawful job requirements. Any potential tax benefit would be outweighed by the risks of pulling surrogacy into employment law.
Surrogate Compensation & Employment Rights
Why is surrogate compensation higher in California than in other states?
The biggest reason is the demand for surrogates in California exceeds the supply. Intended parents in California first seek out California surrogates. Intended parents in Asia also seek out California surrogates because of its reputation and its international airports. There are other reasons California may be attractive to intended parents: Well-established law that doesn’t restrict surrogacy situations Paid pregnancy disability leave for surrogates reduces lost wages Many intended parents’ clinics are in CA Courts and Vital Records that are experienced with handling any surrogacy situation.
Why does the surrogate usually get a housekeeping or childcare allowance?
Intended parents may wonder why these are in the surrogate’s compensation package. The purpose is to ensure the surrogate doesn’t have to do strenuous housekeeping or childcare when she has a pregnancy‑related disability. If she’s forced to continue these tasks, she might deliver prematurely or suffer a miscarriage. Providing these allowances helps her avoid pushing past her limits, which benefits intended parents by protecting the pregnancy. Also, many IVF clinics do not allow children to be present, so the surrogate may need childcare just to attend appointments.
As an intended parent, what is the limit on lost wages that I have to pay for my surrogate? (Part 1)
Lost wages are paid for a period of time where the surrogate is unable to work during her pregnancy or after delivery. During the pregnancy there is usually no cap on the amount of lost wages. After delivery there is a cap on the number of weeks. In most cases: → 4–6 weeks post-delivery for vaginal delivery → 6–8 weeks for c‑section
As an intended parent, what is the limit on lost wages that I have to pay for my surrogate? (Part 2)
In some surrogacy contracts, lost wages are limited to net wages (wage after taxes, unemployment and disability deductions) as opposed to gross wages. Less often, intended parents negotiate a cap on lost wages. In states where there is disability insurance coverage, the surrogate will be required to apply for disability insurance and her disability payments will reduce her lost wages. Tip: If lost wages are expected to be large, consider applying for a short-term disability policy well in advance of the journey. A short-term disability policy may require being in effect 10 months or more before pregnancy is covered.
What’s the difference between gross lost wages and net lost wages and why do some surrogacy contracts pay the surrogate one or the other?
Possible methods include: Reviewing tax returns to see reported annual income and calculating a daily or hourly wage. Reviewing bank statements to see deposited income (since not all income is always reported to the IRS). Using self‑reported income, often capped at minimum wage or another reasonable rate. Using the cost of hiring a helper to perform her tasks (e.g., a daycare owner could hire someone to cover watching the children).
Can my job fire me if I am missing work for surrogacy appointments?
Under the Family and Medical Leave Act (FMLA), you are allowed to take time off for serious medical conditions, which may include surrogacy‑related medical appointments, if you meet eligibility requirements. However, as a surrogate before pregnancy, you may not have a serious medical condition, so FMLA may not apply. Under the Pregnancy Discrimination Act (PDA), you cannot be terminated or discriminated against because of your pregnancy. This protection can extend to surrogates if pregnancy impacts their ability to work. This can protect a surrogate while she is pregnant. You should obtain permission from your employer for medical appointments. You may be protected from termination during pregnancy, but you can still be terminated for reasons not related to pregnancy.
What happens if a surrogate loses her job during the journey? Is she still entitled to lost wages?
If a surrogate loses her job during the journey, she is not entitled to lost wages. If she gets a new job but doesn’t yet have pay stubs, she also typically won’t qualify for lost wage payments. If she loses employment, she should: Apply for unemployment insurance. In California, this can last up to 26 weeks and replace up to about 60% of prior wages. Notify the intended parents and agency if her insurance will be terminated due to job loss. The parties can then decide whether to continue the insurance under COBRA. If an employer terminates her because of pregnancy, that may be illegal discrimination.
Can the surrogate be on public benefits?
No. The surrogate should not be on public assistance. There are three reasons: Outside of New York, the surrogate cannot use state or federal subsidized health insurance for the surrogacy when the intended parent is able to pay for her maternity care. The surrogate may also become income-ineligible for public benefits because of her surrogacy. If she continues to collect benefits when she is not eligible, then this may constitute fraud and all parties could be in trouble. The surrogate should be financially stable, and that means not needing the compensation from surrogacy to cover living expenses. A court may not approve a parentage judgment if the surrogate appears under financial duress and needy.
How do I get disability benefits as a surrogate?
They direct you to their detailed blog post: https://www.tsonglaw.com/post/know-your-rights-paid-and-protected-leave-in-surrogacy That article explains how to access paid and protected leave and disability benefits in the context of surrogacy.
The Legal Process:
Contracts & Lawyers
When do I need a lawyer in my surrogacy journey?
For gestational carriers, you will need an independent lawyer before you sign a surrogacy agreement. You will also speak to your lawyer to review any parentage paperwork. For intended parents, your lawyer will usually be needed for drafting the surrogacy agreement. Some intended parents hire a lawyer earlier to review their agreement with an agency or in independent matches for advice on a surrogate match. If you’re an intended parent, seeking them out early will let you take advantage of Seedcoach’s financial coaching.
Should my surrogacy or gamete donation lawyer be located near me?
No, you don’t need to choose your lawyer based on where you live. Contract review will be done by video or phone, not in person. You won’t need to go to the lawyer’s office to read or sign documents. Representation agreements and often the main contracts can be signed electronically. If a contract requires an in‑person notary, you can go to any notary public to sign.
What are things I should be looking into when I review an agency agreement?
When reviewing an agency agreement, it’s essential to consider various aspects. When selecting an agency, you’ll be presented with a contract that outlines the terms of your partnership. Key factors: Agency Fee: The agency fee is a critical consideration. You should determine when it’s due and whether it’s refundable. Some agencies charge at the match confirmation stage, while others collect it beforehand. Rematch Fees: Be aware of potential rematch fees. The reasons for these fees can vary significantly. Duration of the Contract: Some agencies may charge a fee to extend their services beyond a certain period. This timeframe should be reasonable to avoid excessive costs. Services Provided: Pay close attention to the scope of services covered by the agreement and what isn’t included.
Can an attorney for the egg donor or surrogate really represent them properly if their attorneys’ fees are paid for by intended parents?
It is customary for the intended parents to pay for the donor’s or surrogate’s lawyer so the donor/surrogate is not paying out of pocket. However, rules of professional responsibility say there may be a conflict of interest when a third party pays for attorney fees. Therefore, surrogacy or egg donation agreements will acknowledge that the intended parents are paying the fees and that the donor/surrogate is informed of and waives the potential conflict. The donor/surrogate’s attorney must still vigorously represent that client and not disclose confidential information without consent. Payment by intended parents should not influence representation.
Why does a donor or surrogacy agreement have a conflict of interest section?
Intended parents almost always pay for the donor’s or surrogate’s legal representation so that the donor/surrogate doesn’t pay out of pocket. This arrangement creates a potential conflict of interest because the other party is paying the attorney’s fees. State bar rules generally allow this if: The client is informed of the arrangement and risks, and The client knowingly agrees to proceed. That’s why a conflict of interest section appears in nearly every donor or surrogacy agreement.
How long does it take for the legal process in surrogacy?
General timeline: Drafting the surrogacy agreement: 1–2 weeks Response from gestational carrier’s attorney: usually about a week Then a negotiation/finalization phase with back‑and‑forth communication. In some states, documents must be signed before a notary public, which can add time due to scheduling and logistics.
How long does a gamete donation agreement take?
Timing starts after: The representation agreement is signed They have information from the agency The donor is medically cleared Typical process: They try to draft the gamete donation contract within about one week. They send their calendar to clients to schedule a review (can be same day, but client should read the contract beforehand). After attorney review, a redline with changes is prepared and sent to the client for approval. Once approved, the contract goes to the donor’s attorney for donor review (often similar timing, sometimes faster). Donor’s attorney prepares a redline which the client receives; if all agree, the contract is ready to sign. Then legal clearance is issued to the clinic, allowing the donation to proceed.
Do I need to notarize my signature on the surrogacy agreement?
Some states require notarization of surrogacy agreements, including: California New York Washington (although witnesses can sometimes be used instead) International intended parents may also need a notarized agreement, so parties might notarize even if not required by state law. Notarization can also be a good idea generally to prevent later disputes about whether someone actually signed the contract.
How do I notarize the contract?
Options include: Print it out and go to a public notary. Many mailbox stores, UPS Stores, and FedEx/Kinko’s locations offer notary, printing, and scanning. If your lawyer approves, use an online notary (e.g., notarize.com), which typically requires a Social Security number. If you are not in the U.S., you may need: A special web notary your attorney arranges, or To go to a U.S. consulate or embassy for the local equivalent of notarization.
When can a surrogacy agreement be terminated?
Most surrogacy contracts will terminate after a year or three embryo transfers and there is no pregnancy. It depends on the contract but usually the parties may terminate for any reason so long as the surrogate is not pregnant. The contract can also be terminated if the surrogate is no longer medically cleared.
What are the steps that can be taken to preserve the privacy of the parties to a surrogacy agreement?
The contract should prohibit the parties from sharing confidential information they learned from the arrangement such as medical information. It should also prohibit the parties from revealing the identity of the other party or information which could lead to their identity (such as sharing photos). It should also protect the identity of the child. Any court action including the pre‑birth order should be kept confidential and litigation will be sealed and protected by a gag order.
What is the purpose of the advance directive section in a surrogacy agreement?
The advance healthcare directive in a surrogacy agreement addresses scenarios where the surrogate faces life‑threatening conditions during pregnancy. It allows intended parents to request life‑sustaining measures to ensure the child can be delivered even if the surrogate experiences a life‑threatening condition. A typical section states that when the gestational carrier is at a point of viability in her pregnancy and the treating physician believes placing her on life support is necessary for the child’s health, the gestational carrier and her spouse agree to keep her on life support to continue gestation. This section typically assigns any uncovered medical expenses to the intended parents. Some provisions require the surrogate to prepare an advance directive ahead of time. As rare as this situation is, it’s an important section to review carefully.
In what situations can California law be used in a surrogacy case?
The parties are free to use California law as a matter of choice of law in a contract. California courts have jurisdiction to determine legal parentage in surrogacy cases if either the intended parents or the surrogate resides in California. It is also possible to file a parentage action in a county for reasons such as place of embryo transfer, place of birth, and where the contracts are executed. Not all states accept a surrogacy parentage order from another state. So consult with a knowledgeable ART attorney about what choice of law is best for your situation.
For Intended Parents: Risks, Rights & Parentage
“Why don’t you just adopt?”
This is not a legal question they get, but it’s often asked of people pursuing surrogacy or gamete donation by friends/family. From an adoption‑ART lawyer’s view, it’s not simple: The US has had no orphanages for generations. There can be 40–100+ hopeful adoptive parents for every woman who chooses to place her child. International adoption numbers have been decreasing as countries restrict adoptions abroad. Fostering is a great service but often does not lead to adoption. People pursuing surrogacy or gamete donation have already considered adoption. There is nothing wrong with wanting a biological child or with not choosing to adopt.
Can I adopt my niece or nephew or cousin from another country?
Probably not, if the child doesn’t have a green card. Even if you can, in most cases, you cannot adopt a child and give them a green card through domestic adoption. You have to go through certain steps in immigration before you can adopt the child.
What are some red flags for intended parents who seek out independent journeys?
A surrogate who is in another country. In most cases this is very hard to stop if problems arise. A surrogate who has been rejected by agencies. Agencies are knowledgeable about what’s required for a surrogate to pass medical screening. If a surrogate applied with agencies and was rejected, it’s likely she will be rejected by your clinic too. Situations that “sound too good to be true.” Surrogates are in high demand and generally know market‑rate compensation. While they may give discounts to family or friends, be wary of an unknown candidate offering to do it for free or far below market.
Do intended parents have a right to attend medical appointments of the surrogate?
Usually the surrogacy contract: Requires that intended parents receive notice of the surrogate’s pregnancy medical appointments, and Gives them the right to attend those appointments. The surrogate is supposed to sign doctor’s paperwork so intended parents can attend appointments, including delivery. In most contracts, intended parents: May not interfere in the doctor‑patient relationship, and Must respect the surrogate’s modesty. If only one person can be in the delivery room, the surrogate usually decides who will be there for support. Whether intended parents can attend by phone or FaceTime depends on the doctor’s office; most do not allow it.
Do intended parents have a right to medical records of the surrogate?
It depends on the contract. In many contracts, the surrogate: Gives intended parents or the agency the right to speak with her doctor, and Allows them to request and review medical records. To allow this, the surrogate agrees to sign a HIPAA release authorizing intended parents to review medical records. The surrogate’s lawyer should limit this to records relating to the pregnancy. In most cases, intended parents won’t request records unless there is a complication in the pregnancy and they want to determine possible reasons.
What happens if the intended parents are not able to attend the birth of the child?
During the COVID‑19 pandemic this was common, especially for intended parents abroad. If a judgment is in place, the hospital will recognize the intended parents as the parents. If intended parents are not present and have not advised the hospital, the child may be reported as abandoned to child protective services. The intended parents’ attorney can prevent this by preparing a power of attorney giving another person (often someone from the agency) authority to: Make medical decisions Complete the birth certificate Discharge the baby from the hospital Intended parents should inform their attorney if they cannot attend the birth so a power of attorney can be prepared.
What if the surrogate wants to keep the baby? (The #1 fear for most IPs)
In California, surrogates would typically lose in court if they attempt to keep the baby. This outcome is based on the 1993 California Supreme Court case Johnson v. Calvert, which says courts should uphold the intent of the parties at the time they signed the surrogacy agreement. If a surrogate is determined to keep the baby and a judgment of parentage is in place, the hospital is likely to recognize the intended parents as legal parents, and the child would be taken away from the surrogate. In most cases, this judgment is obtained well before birth. If the surrogate changes her mind afterward, the judgment specifies that the intended parents should take immediate custody of the child.
What happens if the Intended Parents divorce during a surrogacy journey?
If the intended parents divorce or separate while the surrogate is pregnant, the Gestational Surrogacy Agreement continues as planned. Most agreements state that custody rights to the child will be resolved either by agreement between the intended parents or by a court of competent jurisdiction. The gestational carrier and/or her spouse will not have any parental rights or claims to the child if the intended parents separate or divorce.
What happens if the intended parents die during the surrogacy agreement?
It will depend on the contract between the parties. Usually if the surrogate is not pregnant, the agreement will terminate. If the surrogate is pregnant, the agreement does not terminate. If the escrow account is properly funded, the surrogate can continue to be compensated and the estate of the intended parent will replace the intended parent. The intended parent should name a person in their testamentary documents to become the parent or guardian of the child if they pass away. The surrogacy agreement can also name this person but it may not be recognized as a testamentary document.
When should we be looking for a pre-birth order?
In pre‑birth order states, a court must grant an order naming the intended parents as parents before the surrogate gives birth. If the surrogate is in such a state, the intended parents’ attorney usually starts the pre‑birth order process between 13 and 20 weeks of pregnancy. The order can take a couple of months to be: Prepared Reviewed Signed by all parties Granted by the court You want enough time so the order is in place in case of an early birth.
Who is named on your child’s birth certificate if you do surrogacy as a same-sex couple?
A frequently asked question is: what happens on your child’s birth certificate if you do surrogacy as a same-sex couple? If you’re a same-sex couple using surrogacy, both of you can be listed on the birth certificate as parents—two moms, two dads, whatever fits your family. But there’s a key step: you’ll need a parentage judgment. That’s the court order that makes it legally official and tells the state to recognize both of you. Once that judgment is in place, your names go on the birth certificate from the start—no extra forms or legal limbo later on. You’re both fully recognized as legal parents. However, every state has its own process. With the right legal steps and legal support, your family can get the protection and recognition it deserves.
Can the father of my child be taken off the birth certificate if he agrees not to be a parent?
Public policy favors that children have two parents in their lives. So one parent, even if they have nothing to do with the child, cannot voluntarily lose his parentage status. The mother may have full physical or legal custody, but the child could still stand to inherit or gain Social Security benefits from a completely absent father. One way to remove the father is through adoption, where one person is willing to adopt the child and take the place of the father while the other parent remains on the birth certificate. However, with the costs of the home study procedure, this process can be expensive. Another way would be to do a parentage action, which would likely require a DNA test for one father to replace another.
For Surrogates:
Requirements, Lifestyle & Health
Is there a limit to the number of times I can be a surrogate?
In the U.S., there’s usually no nationwide limit, except: Washington State: A surrogate may not have more than two successful surrogacy deliveries. This is likely intended to prevent someone from making surrogacy a lifetime career. Many agencies, regardless of state, limit candidates to: A total of 6 births (including their own children) and No more than 2 prior C‑sections.
What are red flags for gestational carriers pursuing an independent surrogacy journey?
Micromanaging intended parents. If they show signs of micromanaging your pregnancy, they may need an agency or agent to buffer communication so you don’t deal with them directly. Inability to agree on compensation. Your compensation package should be set before the contract is drafted. If you can’t agree, or it’s changed at the last minute, it’s a red flag. Intended parents who refuse to set up an escrow account, won’t adequately fund it, or won’t keep it open long enough. Escrow protects the surrogate by ensuring money is available for compensation and expenses. Your lawyer should advise how much should be in escrow and for how long. If intended parents struggle to fund it, that’s a problem.
Does a surrogate’s spouse have to be in the surrogacy agreement?
In some states like Illinois, New York, and Washington, a surrogate’s spouse is required by law to be a party to the surrogacy agreement. In other states, the surrogate’s spouse should be a party to the agreement because there may be legal presumptions that a spouse is a parent of a child born in the marriage. In these states, the surrogate’s spouse should know about the surrogacy arrangement and consent to the arrangement. Even if the surrogate is getting divorced or has separated for a long time from their spouse, the spouse should know about the surrogacy agreement and consent to give up their rights as a presumed parent. The parentage of the child is absolutely important, so make sure the surrogate’s spouse consents to the surrogacy arrangement!
Should a surrogate’s boyfriend or partner be on the surrogacy agreement?
It depends on the situation: If the surrogate is engaged or plans to marry the partner → likely included. If it’s a long‑term partner living with her and/or the father of her other children → likely included. If none of these apply → probably not included. The partner is included so they: Agree to deny any possible parental rights Agree to activity restrictions (e.g., no smoking, abstinence before embryo transfer).
What is the purpose of the travel restrictions in surrogacy agreements?
No international travel. Parentage judgments usually are not effective outside the U.S. For example, in Mexico the surrogate could automatically appear on the birth certificate. There have also been concerns like Zika virus transmission, which caused birth defects. Limits on air travel. Air travel may be risky in the first and third trimesters. Domestic travel limits. Clauses often say there will be no travel outside the state after X weeks and no travel outside 100 miles from the hospital after X weeks. This: Reduces the risk of an early birth in a state unfriendly to surrogacy or where the parentage order isn’t recognized. Helps avoid higher medical expenses from an emergency birth while traveling.
Why am I not allowed to clean up my cat’s litter box as a surrogate?
Surrogates should avoid cleaning cat litter because cats can carry toxoplasmosis, which can harm the baby. Cats can catch toxoplasmosis by eating infected rodents or small animals. The parasite is shed in their feces and can infect people who handle a soiled litter box. To reduce risk: Keep the cat indoors Have someone else clean the litter box.
What can or can’t I share on my surrogacy journey?
What you can say depends on your specific contract, especially the confidentiality clause. Their standard clause prohibits revealing information that could identify the other party, such as: Name Photo Location Generally, parties can: Talk about their surrogacy experience Post and tell others they’re in a surrogacy journey Post photos of the pregnancy Contract terms (like compensation) may be confidential. You should read your own confidentiality section carefully, as terms can differ and are negotiable.
Why do I see surrogates holding french fries for their transfer day posts?
This is a playful social media trend. Some people jokingly suggest that eating fries (and their salt content) might support embryo implantation, though there is no scientific evidence for this. It’s mainly a fun way for surrogates and others in IVF journeys to share their experiences and build a positive, supportive community around transfer day.
Can intended parents force their surrogate to terminate her pregnancy?
No. Intended parents cannot force a surrogate to have an abortion; that would violate her bodily autonomy. The surrogacy agreement will set out what the parties agree to regarding abortion and fetal reduction. They may agree that the surrogate will follow the intended parents’ decision under certain circumstances, while preserving her right to protect her own life and health. If the surrogate violates the contract, she may face contractual liability, but she ultimately makes her own bodily decisions. These sections should be carefully reviewed with your lawyer before signing.
What happens if a surrogate has a miscarriage?
While pregnant, the surrogate usually receives monthly compensation. If she has a miscarriage, these payments stop. She does not need to pay them back if the miscarriage was not her fault. The agreement will specify what happens: If the miscarriage is not her fault, she may receive a miscarriage fee and compensation for any related surgery. Whether the contract ends depends on its terms: Some contracts automatically terminate unless the parties agree to continue. Others provide that a miscarriage does not terminate the contract.
Medical Procedures, Embryos & Egg Donation
What should I be looking for in an IVF doctor?
Success rates. People look at pregnancy and live birth success rates on SART (Society for Assisted Reproductive Technology), which sets standards of care in IVF/ART. Location and policies. Consider the clinic’s location, especially if you need to create embryos there, and how restrictive they are around surrogacy (your candidate may be disqualified at one clinic but not another). Third‑party reproduction support. Consider whether they have someone on the team dedicated to third‑party reproduction.
Does it matter whether I use donor gametes in my surrogacy journey?
In some states like Washington and California, it doesn’t matter. In other states like Illinois you need to have a genetic connection to be recognized as a parent.
Should I have an anonymous donation or an open donation?
With advances in and prevalence of DNA testing, facial recognition, and AI, anonymity of the parties is not something that can ever be guaranteed in the future. You may want to consider the interest that any child conceived from the egg donation may have in future contact with the donor. There could be a compromise between open and closed donation, such as using the Donor Sibling Registry or exchanging anonymous email addresses.
What egg donors are paid for?
→ Main Compensation → Injectable Fee → Travel Expenses → Other Expenses
Why is an egg donor’s compensation in an egg donation a flat fee and not based on number or quality of eggs retrieved?
The egg donor’s compensation is specifically to compensate her for pain, suffering, and her inconvenience for being a donor. Since many states prohibit the selling of organs, tissue, or body parts, the donor cannot be compensated based on the number of eggs or quality of eggs retrieved.
Why does a donor get a companion to travel with her in the contract?
The donor’s chosen companion: Accompanies her on the day of retrieval when she will be under anesthesia. Ensures she doesn’t have to travel back to the hotel alone after the procedure, which would be unsafe. Provides companionship and support during the trip, especially since she’ll be in a new city.
What’s the maximum number of egg donations a donor can do?
According to the American Society for Reproductive Medicine (ASRM), women may only donate up to six times. This limitation is per egg donor in her lifetime, and not per clinic. While egg retrieval procedures are usually safe, ASRM considers the possibility of unknown increased risk and consanguinity (to prevent intermarrying of donor conceived children from the same donor).
Why are intended parents trying to find a surrogate during open enrollment under Affordable Care Act?
Open enrollment (typically Nov 1–Jan 16 in most states) is key in surrogacy: Many surrogates’ existing plans are not surrogacy‑friendly. Some surrogates have no health insurance. Open enrollment is the chance to sign up for surrogacy‑friendly insurance that’s been reviewed. A surrogacy‑friendly policy can save intended parents money and limit exposure for the surrogate’s medical expenses. If you’re considering surrogacy, pay attention to your state’s open enrollment deadlines; it may be the only opportunity to obtain a suitable plan.
What advice do you have for surrogates regarding intended parents who want to transfer multiple embryos per transfer?
They are not medical professionals and cannot provide medical advice, but they advise surrogates: If the contract does not specify the number of embryos to be transferred, amend the agreement to clearly define the maximum number. This avoids surprises or pressure on the day of transfer. Surrogates who have not experienced a multiple pregnancy should consult with the IVF physician about associated risks before agreeing to multiple embryo transfer. Ensure adequate compensation for carrying twins or multiples, understanding that the multiple fee is typically smaller than the singleton fee. Pay attention to dates related to a “full term” delivery where all compensation vests. These dates may need to be adjusted for multiples since the gestational period could be shorter.
How do I calculate the number of weeks I am pregnant based on embryo transfer date?
Normally, pregnancy is dated from the first day of your last menstrual period (LMP). After an embryo transfer: Your “first week” of pregnancy is considered 2 weeks from the transfer date, Plus the age of the embryo in days at transfer. This is because the embryo transfer date is analogous to natural ovulation, which typically occurs two weeks after the LMP, and the embryo is already a few days old, which counts toward gestational age.
Why is psychological counseling a benefit in a surrogacy agreement?
About 1 in 7 new mothers, including surrogates, experience postpartum depression. Psychological counseling can be used after birth to help treat postpartum depression. Counseling and surrogate support groups can also help a surrogate process her feelings during the pregnancy. Keeping stress low is important for a healthy pregnancy so counseling and support benefits the intended parents as well.
What happens to remaining and unused embryos?
Fertility patients generally have four options for embryos they no longer need: Donate the embryos to another couple via an embryo donation contract. Donate them to science for medical research. Dispose of and destroy the embryos. Keep them frozen, potentially for many years. There is typically an annual fee to keep embryos frozen.
Will the Alabama Supreme Court judgment recognizing embryos as children affect intended parents?
The Alabama Supreme Court held that destroyed frozen embryos are legally the same as deceased children under a wrongful death statute. Key points: This is only an interpretation of Alabama law, so it doesn’t affect people living or with embryos outside Alabama. If you have embryos in Alabama, at least three clinics there have suspended IVF for now. The decision currently applies to a civil wrongful death law and IVF clinics, but this broad reading of the Alabama constitution could extend to other Alabama laws if embryos are treated as legally equivalent to children. Several other states have similar “personhood” laws and could follow Alabama. If concerned, they suggest: Talking to your legislator Joining advocacy efforts by RESOLVE and ASRM to request change.