How aspiring surrogate mothers can protect themselves

Becoming a surrogate allows women who have successfully carried pregnancies before to provide others with a chance to expand their families. Same-sex couples, older couples and those with medical challenges are among those looking to partner with the surrogate to grow their families. Some surrogates work with people they know who want children. Others may partner with organizations that connect surrogates with aspiring parents.

Women hoping to assist other families in their efforts to expand understandably need to protect themselves as they explore the world of assisted reproduction.

What protection do surrogates require?

Surrogacy is a legal arrangement in which a woman carries the embryos of other people. Gestational surrogates generally need protection regarding medical expenses, parental responsibilities and legal liability. Recently, a story went viral about a wealthy entrepreneur who sued her surrogate after a miscarriage. That story might deter many women considering surrogacy.

Appropriate contracts can theoretically protect a surrogate from that type of devastating situation. Surrogacy agreements can include provisions that make the aspiring parents responsible for any and all medical costs, including costs that accrue in the event of a miscarriage. Additionally, surrogates need to include provisions in their contracts that protect them should they or the parents change jobs, resulting in a shift in insurance coverage.

Generally speaking, surrogacy contracts include terms preventing surrogates from having parental responsibilities and rights. Surrogates often need help reviewing standard documents used by organizations or drafting custom documents that adequately protect them from the risk involved in assisting the expansion of a family.

Retaining legal guidance early in the process of facilitating a family’s medically-assisted reproduction can limit the risk for surrogates. Women hoping to share the benefits of their fertility with others can protect themselves more effectively with thoughtful contracts in place.