It’s impossible for some couples to conceive or carry a baby, that does not mean that they cannot start their own family. Couples and individuals in this situation have a lot of options that allow them to have a baby, and one of them is surrogacy using a Surrogate Mother. Although, when choosing surrogacy to become a Parent, there are several things that you should know such as types of surrogacy, surrogacy process, legal aspects of surrogacy, and surrogacy health. Here, in this article, we will discuss each step involved in a surrogacy journey.
What is a Surrogate Mother?
A Surrogate Mom is a kind-hearted woman who carries a pregnancy for another Individual or Couple. Surrogacy also offers a good option to people with health conditions that make pregnancy or childbirth difficult or harmful for both the mother and her baby. Examples of conditions that can make getting a Surrogate necessary are:
- Multiple IVF treatment failures
- Repeated pregnancy losses or miscarriages
- Malformation or a total absence of a womb
Types of Surrogacy
Surrogacy can be classified into two types: traditional surrogacy and gestational surrogacy.
Traditional Surrogacy –As the name implies, this is a traditional approach to surrogacy. In this case, the eggs of the Surrogate Mother is fertilized with the Intended Father’s sperm. Artificial Insemination or Intrauterine Insemination (IUI) often takes place to fertilize eggs in traditional surrogacy.
Gestational Surrogacy –Another name for this type of surrogacy is host surrogacy. This is because, here, the Intended Parent’s sperm and eggs create the embryo(s). The resulting embryo(s) is then transferred into the Surrogate’s womb. Creating the embryo by using a donor’s eggs and the sperm of the Intended Father is also possible. In this case, in vitro fertilization (IVF) comes into use to produce the embryo. At RSMC fertility clinic in San Diego, we only offer gestational surrogacy using Surrogate mothers screened by OB-Gyn specialists.
Legal Contract
The Surrogate and the Intended Parents will have to sign a contract with clear guidelines for each party. One of the advantages of working with a surrogacy agency is that they work with legal professionals to ensure the drafted contract protects the rights of everybody involved. At RSMC fertility clinic in San Diego, CA, we will provide a lawyer, who is well acquainted with surrogacy laws, for both the Intended Parents and the Surrogate Mother. If you have a special request, please do make it known before you sign the contract.
Gestational Surrogacy: The Whole Process
Gestational surrogacy is the preferred option for most Individuals and Couples. In this case, the Surrogate Mom has no genetic connection with the child she is carrying. She will not have a biological relationship with the baby since the process does not involve using her eggs. Some women find it difficult to be a Surrogate Mother for a relative or close friend as their relationship might become hard to manage in the future.
After achieving a successful pregnancy, the surrogacy agency will provide the necessary support for the Surrogate and the Intended Parents during the entire journey. This will make sure that the needs of all parties are met and that each party feels supported.
Surrogacy and the Legal Aspects
In a surrogacy journey, a Surrogate Mother’s health is an important part of protecting all parties but there are many legal considerations that both Intended Parents and the Surrogates must address during a surrogacy process. All legal requirements of a surrogacy arrangement have to be put into a contract. Some agencies provide legal counsel, giving the Surrogate the chance to ask questions and make sure she understands all the terms in the contract.
Legal issues regarding surrogacy are very complex, so Surrogates should seek advice from a legal expert before arriving at any decision. You need to remember that the surrogacy agreement is not enforceable, even after the contract has been signed.
Legal Obligations
The legal obligations of a Surrogate depend on the surrogacy contract and may include:
- A requirement to go for all pregnancy tests and look for medical assistance whenever an issue arises. She will need to stay away from any kind of careless behavior that can endanger the baby’s life.
- After the child’s delivery, the Intended Parents will have full parental rights over the baby. A Surrogate should be ready to hand over the baby to the Intended Parents after childbirth.
- She cannot abort the pregnancy without the approval of the Intended Parents. However, there are exceptions, for example, when the life of the Surrogate is in danger and the situation requires urgent termination of the pregnancy.
Legal Protection
While a Surrogate has legal obligations she needs to adhere to, she also has a right to legal protection. The surrogacy contract must include all of this, and may also include the following:
- Unreasonable measures are not enforceable on the Surrogate Mother unless the contract includes them as well as clearly states them.
- The Intended Parents cannot force the Surrogate to terminate the pregnancy unless the contract gives them the right to do so.
- A Surrogate Mother’s privacy is also protected to some extent.
As mentioned earlier, the legal aspects of surrogacy are very complex. This is why a lot of care is necessary when drafting out a contract. With a well-documented contract in place, the Intended Parents will be happy and satisfied throughout the process.
Conclusion
If you have chosen to become a Parent, you will need to get ready for anything you may encounter on the journey. At RSMC fertility clinic in San Diego, California, we can help answer any questions you may have concerning the surrogacy process and Surrogate Mothers. To find out more information about surrogacy, please schedule a consultation or call us at 858-436-7186. You can also visit our website to get comprehensive information.
