您的家庭建设法律方面指南
在 Tsong Law Group，我们深知开展第三方辅助生殖之旅涉及复杂的法律、财务和情感决策。我们编制了这份综合指南，旨在帮助准父母、代孕者和捐赠者清晰且自信地完成整个过程。请选择一个类别来探索我们最常见的问题：
财务：成本、托管和税款
在美国，代孕之旅的费用是多少？
在美国，一次代孕之旅的总费用通常在140,000美元至200,000美元之间，甚至更多，具体取决于州、中介机构、保险状况以及是否涉及捐赠者等因素。
我如何负担得起代孕/卵子捐赠之旅的费用？
许多准父母通过储蓄、贷款、从亲友处获取贷款。某些雇主也提供包括IVF和代孕在内的辅助生殖福利。此外，还有许多专门为代孕和卵子捐赠提供贷款的机构。您可以咨询您的IVF诊所或代孕中介以获取更多资源。
我需要在代孕中设立一个托管账户吗？
如果代母在加利福尼亚州居住并将在加利福尼亚州分娩，或者如果在加利福尼亚州进行了胚胎移植，或者加利福尼亚州法院对其中一方具有司法管辖权，则加利福尼亚州法律通常可以适用。
在做代孕时，我应该选择托管公司？
选择有声誉的、独立的、且具备相关法律背景或由律师管理的托管公司。确保该公司有适当的保险并透明地汇报账户明细。
在代孕过程中，准父母应该在托管账户中存入多少金额？
存入托管账户的初始金额通常涵盖了合同中约定的基本费用、保险费用以及代母的部分报酬。这可以增加代母的信心，确保资金已到位。在胚胎移植前后，根据合同的里程碑，准父母可能需要进一步存入资金。
在代孕案件中，何时可以关闭托管或信托账户？
托管或信托账户通常会在最后一次分娩相关费用支付完毕后保持开启一段时间，通常是六个月到一年，以支付可能产生的额外医疗费用或其他费用。一旦所有待处理的款项清偿完毕，余额将退还给准父母。
准父母可以将代孕费用作为医疗费用在税务上扣除吗？
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.
如果准父母无法在税务中扣除代孕费用，那么他们可以将代母设为雇员吗？
这在法律和税务上通常是不可取的。代母并不是雇员。将其设为雇员会引发复杂的就业法律问题，包括社会保障税、失业保险、工人补偿等。这可能会导致更复杂的法律麻烦。
Surrogate Compensation & Employment Rights
为什么加利福尼亚州的代母报酬比其他州高？
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?
如果代母由于医疗建议需要卧床或者限制活动，她可能无法照顾自己的家庭和孩子。这项津贴是为了雇佣人手来协助她，确保她的家庭生活能在她无法照料时继续运行。
As an intended parent, what is the limit on lost wages that I have to pay for my surrogate? (Part 1)
我们建议在代孕协议中为由于代孕所需或因医疗需要而导致的停工所支付的工资损失设定上限或最大限额。这个上限可以是总额（总支付上限）或者是周数（例如，“最多支付8周”）。设置上限有助于准父母规划预算，并防止代母在没有医疗必要的情况下提前要求停工。
As an intended parent, what is the limit on lost wages that I have to pay for my surrogate? (Part 2)
另一个常见的限制方法是，代母及其配偶只有在能够提供医生的停工书面证明时，才能要求失去工资。
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?
这是一个复杂的问题。通常需要参考历史报税、银行账单或小费记录来估算平均收入。双方应在合同前通过会计或法律审核达成一致。
Can my job fire me if I am missing work for surrogacy appointments?
根据《家庭和医疗假法案》（FMLA），如果你符合资格要求，你可以因严重医疗状况请假。然而，在怀孕之前FMLA可能不适用。根据《怀孕歧视法案》（PDA），你不能因为怀孕而被解雇或歧视。你应该获得雇主的许可进行医疗预约。即使在怀孕期间受保护不被歧视，但如果解雇理由与怀孕无关，你仍可能被解雇。
What happens if a surrogate loses her job during the journey? Is she still entitled to lost wages?
通常工资补偿是基于她在合同开始时的就业状态。如果是由于代孕引起的失业，或者合同中有相关约定，她可能会收到补偿。但如果与代孕无关，具体则取决于合同中的细则。
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?
这通常涉及到州级的残疾保险（如加州的SDI）。如果由于怀孕相关的医学原因导致身体无法工作，您可以申请这些福利。具体请参考专业的带薪假指引。
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.