Couples may choose a sibling to be their surrogate. Here is everything you need to know about being a surrogate for a sibling.
Being a surrogate for a sibling who shares the same biological parents is legal. Many couples choose to have a family member be their surrogate because it is comfortable and convenient for them. The process can be long and emotional, so both parties must be confident in their decision.
Can You Be a Surrogate For a Sibling?
If a woman meets the requirements to become a surrogate, she can be a surrogate for her sibling.
To become a surrogate, a woman must meet the following requirements:
- Between 21 and 40 years of age
- Have a healthy BMI
- Have given birth at least once with no complications
- Currently raising a child in her own home
- Been off antidepressants and anti-anxiety medications for at least 12 months
- Have had no tattoos or piercings within 12 months of beginning surrogacy
If the woman undergoes medical and psychological screening and meets all of the requirements to be a surrogate, she and the intended parents can begin the process.
Related: Surrogate Health Requirements: How Surrogate Mothers Are Screened
Becoming a Surrogate for a Sibling
The first step to becoming a surrogate for a sibling is confirming both parties feel comfortable with the process. Becoming a surrogate can be a very emotional process, and may result in feelings of attachment to the child. The child will legally belong to the biological parents, despite the surrogate carrying the child throughout the entire pregnancy as soon as the child is born.
The surrogate and biological parents should work with a surrogate agency to handle all legal aspects of the process. The surrogate and biological parents must sign a legal contract containing all matters of surrogacy.
The couple must hire an attorney to complete the legal paperwork to form a surrogacy contract. An attorney from Her Lawyer can form a surrogacy contract for a couple who chooses a sibling to be their surrogate. An attorney at Her Lawyer can ensure both parties will feel comfortable and that the process will be carried out smoothly.
Compensation For Being a Surrogate for a Sibling
A couple may choose to have a sibling be their surrogate because the cost can be significantly lower than having a stranger be their surrogate. The couple will not need to pay for a matching service to find a surrogate. The couple may not have to pay the surrogate if the surrogate agrees to complete the pregnancy for free. The process of having a family member as a surrogate can cost half the price of having a stranger as a surrogate. The parties must pay to work with a surrogate agency and an attorney.
Deciding to become a surrogate for a sibling for free can be difficult because of the long, emotional process. The couple could feel as though they constantly owe their sibling for the favor. The surrogate could end up feeling as though they are being taken advantage of because they are having a child for a couple with no compensation. Both parties should decide on the compensation the surrogate will receive before they begin the process. The compensation for the surrogate must be included in the surrogacy form.
Related: What Is a Surrogate Mother?
The Process of Surrogacy
Once an attorney and both parties involved create a surrogacy form, they can proceed with the process of pregnancy.
Steps to a Pregnancy with a Surrogate:
- The surrogate receives fertility treatments
- The embryo is transferred into the surrogate’s uterus
- The surrogate continues with pregnancy as normal
- The surrogate attends prenatal care and regular checkups
- The parties obtain a pre-birth order to grant the biological parents as legal parents of the child
- The surrogate gives birth to the child
- The child is taken into the biological parent’s custody for life
FAQs About Being a Surrogate for a Sibling
What if I agree to be a surrogate for my sibling for free but I later decide I want to be paid?
If a sibling agrees to be a surrogate for free, and this is reflected in the surrogacy contract, they will not receive any pay. If the sibling seeks compensation before the legal contract is finalized, it can be included in the document.
Can I be a part of the child’s life after I give birth?
The child will legally belong to the biological parents after birth. The sibling/surrogate can still be a part of the child’s life, but they will not be their guardian.
Contact Us
If you or a loved one would like to learn more about being a surrogate for a sibling, get your free consultation with one of our family law attorneys in California today!