Join Bruce Hale, an Massachusetts attorney specializing exclusively in assisted procreation, for an introduction to surrogacy drawn from his extensive experience as a legal practitioner and as a parent who has gone through this remarkable process twice.
A brief overview of the session can be found below, but we encourage people who are interested in exploring surrogacy to build a family to check out the full video and connect with others at our monthly surrogacy peer group for intended parents.
Overview of the Surrogacy Process
The surrogacy process can vary greatly depending on several factors. However, it generally includes the following components:
- Finding a Surrogate: This involves selecting a suitable surrogate who must receive medical and social clearance.
- Contractual Agreement: Establishing a clear contract between the intended parents and the surrogate.
- Medical and Legal Clearances: Once the surrogate receives both clearances, the medical process to conceive the pregnancy begins.
- Participation in the Pregnancy: Being involved in the pregnancy and preparing for parentage work around the end of the first trimester.
- Birth and Post-Birth: Welcoming the new child and navigating the adventures of parenthood.
Types of Surrogacy
The two main types of surrogacy are genetic (traditional) and gestational surrogacy:
- Genetic Surrogacy: The surrogate provides the egg, making her genetically related to the child. This type typically involves intrauterine insemination (IUI).
- Gestational Surrogacy: The egg used to conceive the child comes from someone else (intended mother or donor), with the surrogate having no genetic link to the child. This type always involves in vitro fertilization (IVF).
Choosing an Agency or Going Independent
When pursuing surrogacy, you can either work with an agency or go independent:
- Using an Agency: Agencies can provide significant support, from finding a surrogate to coordinating with clinics and legal teams. Agencies vary in size and services, so thorough research is crucial.
- Going Independent: This option offers more flexibility and cost savings but comes with increased responsibility. It is often chosen by those who already have a surrogate in mind, such as a family member or friend.
Medical Considerations
Whether you are already established with a fertility clinic or not, it’s essential to understand the clinic’s policies and procedures regarding surrogacy. Clinics vary in their experience and availability, so choosing one that fits your needs and philosophy is important.
Legal Aspects of Surrogacy
Legal work in surrogacy involves several key components:
- Contracts: Comprehensive agreements between intended parents and the surrogate cover finances, medical processes, and parentage expectations. These agreements are crucial to address potential scenarios that may arise during the surrogacy journey.
- Parentage: Ensuring legal parentage of the child varies by state, typically governed by the laws where the child is born. Understanding the specific parentage laws and processes in your state or the surrogate’s state is vital.
Conclusion
Surrogacy is a complex but rewarding process that requires careful planning and consideration of various medical, legal, and personal factors. By understanding the different aspects and options available, intended parents can navigate their surrogacy journey more confidently and successfully.