Altruistic surrogacy is one of many types of surrogacy options available. Here’s everything you need to know about altruistic surrogacy.
This surrogacy is usually committed by a close family member or friend. Due to the existing relationship between the surrogate and the intended parent, this type of surrogacy can often have complicated and unforeseen difficulties. To simplify the surrogacy process and alleviate some of these difficulties, a surrogacy contract created by a surrogate lawyer is strongly recommended to avoid any conflicts.
What is Altruistic Surrogacy?
This surrogacy is surrogacy relationships that do not involve monetary compensation. Altruistic surrogacies are also usually between a close family member or close friend of the intended parents who offer to be surrogates out of compassion for the intended parents.
Related: 10 Steps to the California Surrogacy Process
Altruistic Surrogacy v. Commercial Surrogacy
Commercial surrogacy is an option that involves financially compensating the surrogate, unlike altruistic surrogacy. Altruistic surrogacies often involve a close family or member friend as the surrogate. On the other hand, commercial surrogacy relationships are usually formulated through surrogate agencies.
Is Altruistic Surrogacy Worth it?
There are many benefits and disadvantages to altruistic surrogacy rather than commercial surrogacy.
Benefits of Altruistic Surrogacy:
1. Costs
This surrogacy is usually less expensive as there is no binding agreement to compensate the surrogate.
2. Common Legal Option in the United States
Surrogacy laws differ state by state. While altruistic surrogacies are usually legal in US states, commercial surrogacies are restricted or banned.
3. Security in Existing Relationship
Intended parents of an altruistic surrogacy relationship often feel more secure with a close friend or family member as their surrogate, which alleviates stress during the process.
Related: How Much Surrogacy Costs in California
Disadvantages of Altruistic Surrogacy
- Surrogate Agencies
- If there is no volunteer family member or close friend, an intended parent desiring an altruistic surrogacy will be difficult to find through a surrogacy agency. Most surrogacy agencies have surrogates who seek commercial surrogacies.
- Lack of Surrogacy Contract Complications
- If there is no defined surrogacy contract, conflict might arise between the surrogate and the intended parent regarding various medical expenses or decisions regarding the unborn child.
- Potential Relationship Strains
- The surrogate also may feel exploited by the intended parent without financial compensation if pressured by the intended parent to enter this type of surrogacy.
- Altruistic Surrogacy and Surrogacy Contracts
- Altruistic surrogacies can have complications if the roles and responsibilities of each party are not defined. To establish designated boundaries for each party involved in surrogacy, a proper surrogacy contract is necessary.
Related: How to Form a Surrogacy Contract in California
Some examples of clauses in an Altruistic Surrogacy Contract include:
Medical Liability
The surrogate’s health and ability to care for herself and the pregnancy are defined in addition to the clear acknowledgment of the surrogate’s physical and mental capacity to carry the intended parent’s child to term.
Emergency Clauses
Outlined process in the instance of a medical emergency, such as selective reduction or termination of pregnancy.
Roles and Financial Responsibilities
The responsibilities of the intended parent can include the intended parents’ willingness to reimburse for medical services or any other financial assistance with the surrogacy.
Acknowledgment
Both parties’ acknowledgment of the nature of altruistic surrogacy (no financial compensation for the surrogate beyond possible reimbursement of medical appointments or other defined financial assistance with the pregnancy)
Surrogacy contracts can be drafted by surrogacy lawyers. It is extremely important for these contracts to be designed and managed by surrogacy lawyers as they are able to target the specific needs and boundaries of each party member.
Without these specifications, disastrous legal consequences can arise. If concerns are not specifically addressed in the surrogacy contract, it can cause severe conflict between the surrogate and intended parent and can lead to a rift between the two parties, particularly if they are close family members or friends. Furthermore, in the instance of more severe conflict, a surrogacy lawyer is strongly recommended to protect the rights of the surrogate, intended parents, and the child.
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