Helping a couple by becoming pregnant can be rewarding. Here’s advice about being a surrogate for a friend or family member.
You must meet certain criteria in order to be considered as a candidate for surrogacy. A crucial aspect of your surrogacy journey is implementing a surrogacy contract between you and the intended parents.
Difference Between Surrogate and Gestational Carrier
A traditional surrogacy requires a woman to share a genetic link with the child. A gestational carrier utilizes the female donor’s egg and the male donor’s sperm to carry out the pregnancy, without having any genetic linkage. Both forms of surrogacy result in the same outcome of birthing a child. However, most clinics proceed with the more modern option of gestational surrogacy to forgo any emotional or legal implications.
Related: What Is a Surrogate Mother?
Do I Qualify For Being a Surrogate?
To be a surrogate, you must:
- Be at least 21 years old but younger than 40
- Have a healthy BMI, as determined by your doctor
- Have carried a minimum of one pregnancy to term successfully
- Raising your own child in your own home
- No serious or major complications in previous pregnancies
- Have no new tattoos or piercings 12 months prior to starting the surrogacy process
- Not consume antidepressants or antianxiety medications for 12 months
If you meet the above criteria, you may be a good candidate for surrogacy. Speaking with a professional can help you decide if you’re a good fit for the process.
In addition to the physical requirements, surrogates should be aware of the psychological challenges that accompany pregnancy. A primary reason a surrogate is required to have carried, delivered, and raised a child of their own before is due to how mentally and emotionally taxing childbirth can be. Surrogacy can be a long journey that you must stay committed to.
Related: How to Become a Surrogate in California
The Need for a Surrogacy Contract When Being a Surrogate for a Friend or Family Member
Offering to be a surrogate for a friend or family member is a generous and altruistic act. However, this form of surrogacy also referred to as “identified surrogacy,” presents unique emotional complications, which is why a surrogacy contract may be imperative.
A surrogacy contract protects the surrogate from legal, physical, financial, or emotional liabilities. A surrogacy contract clearly outlines what the surrogate agrees to and what she is not comfortable with. A contract may prevent a surrogate from burdens of unreasonable demands from the intended parents, unwanted post-birth rights and responsibilities, and from paying for any medical procedures incurred during the pregnancy.
Working with a lawyer while forming your surrogacy contract can be important because it allows you to tailor agreements to your specific needs, as opposed to downloading a sample contract. Additionally, lawyers can help surrogates consider unexpected possibilities, such as twins or medical complications, and plan accordingly to what their response would be.
Related: How to Form a Surrogacy Contract in California
FAQs About Being a Surrogate for a Friend or Family Member
What if I don’t become pregnant as a surrogate for a friend or family member?
During your IVF treatments, your medical expenses will be paid and you will be reimbursed for any costs previously agreed upon. However, you will not receive base pay compensation until the pregnancy is confirmed and a heartbeat is detected. Surrogacy agencies work with successful fertility clinics. If a surrogate meets all of the criteria outlined above, a pregnancy will likely occur.
Is a verbal surrogacy agreement legally binding as a surrogate for a friend or family member?
No, a verbal surrogacy agreement is not legally binding. Regardless of a surrogate’s relationship to the intended parents, verbal agreements allow for modifications that both parties may not agree on, which can result in devastating outcomes for either party such as legal, physical, financial, or emotional consequences. Reach out to a licensed attorney to help you formally compose a surrogacy contract.
What happens if my friend or family member breaks a surrogacy contract?
While this rarely happens, a contract breach does allow for a party to take legal action if the terms of the surrogacy contract are violated.
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If you or a loved one would like to know more about being a surrogate for friend or family member, get your free consultation with one of our family law attorneys today!