Common Legal Concerns About Being a Gestational Surrogate


If you’re considering becoming a gestational surrogate, you may have some questions. You’re probably worried about the impact on your family and your health, but you may also have some legal concerns. Here are a few legal questions surrogates commonly ask.

Do you know whether gestational surrogacy is legal where you live? As long as you work with a reputable surrogacy agency, you have nothing to worry about. They work with surrogates and intended parents every day and understand the legalities.

Anything they don’t know you can ask an attorney about. Choose one who specializes in laws and regulations associated with surrogacy. Columbia University Law School published a report in 2016 entitled Surrogacy Law and Policy in the U.S.   If you would like to learn about surrogacy law in detail, but if you have simple questions, your agency or attorney will be happy to help.

Common Questions:

What if you get sick while you are pregnant and can’t work?

The IPs should compensate you for lost wages if you become ill or your doctor orders bed rest. They will also be expected to provide you with health and life insurance coverage.

What if prenatal testing reveals fetal abnormalities?

The contract between you and the intended parents will cover medical decisions like these and any other medical questions that arise from treatment to selective reduction and prenatal care.

What if the IPs don’t want to take custody of the baby?

All possible custody issues and responsibilities will be covered in your contract. If there are any issues you find worrisome, ask your attorney or agency about adding verbiage that covers it to your contract.

Are you allowed to stay in touch with the IPs after the birth of the baby?

That’s entirely up to you and the parents. There are no laws either way. Discuss future contact with the IPs and it can be included in the contract.

Are the IPs automatically considered to be the baby’s parents?

That all depends on state and county regulations. Details are laid out in the birth order which gives the intended parents full parental rights and specifies their names are to be listed on the child’s birth certificate.  Some county courts do grant pre-birth parentage orders, but others only give post-birth orders. Others will require a hearing to do so.

What about my expenses?

The details regarding what expenses will be covered are included in your contract. Besides being compensated for your pain and suffering, and having your medical care covered by insurance, you can be covered for a variety of expenses including lost wages, legal fees, child care and maternity clothes.

If you have questions about becoming a surrogate or working with a surrogate to create your family, or if you have concerns during your surrogacy journey, contact the experts at Surrogate Solutions today.

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