Conclusion – 10 Things You Must Know To Ensure a Successful Pregnancy With A Gestational Surrogate

Missed Part 1 or Part 2?

7. THE GESTATIONAL SURROGATE HAS BABYSITTING HELP AVAILABLE. This seems so easy, yet it has been a big stumbling block. The Surrogate should have a sitter and a back-up plan. Many physicians will not allow children in their waiting room, so there needs to be someone who can watch them In addition, emergencies can happen. If the Surrogate does not have sitters available, work with her to locate some she will be comfortable with.

8. THERE IS AGREEMENT ABOUT THE DELIVERY ARRANGEMENTS, WHO WILL BE IN THE DELIVERY ROOM, NOTIFICATION PROCEDURES, MAKING MEDICAL DECISIONS. What is the plan? With the advent of cell phones, it is much easier for the parties to stay in touch, but what is the backup if there is no answer? Commit this plan to writing, and notify the hospital of the Surrogate’s wishes. Remember the Surrogate is the patient; the hospital should follow the Surrogate’s wishes. Additionally, if there is a medical emergency, who will make medical decisions on behalf of the child if the intended parents are not available? Who will make medical decisions on behalf of the Surrogate if she is incapacitated? A durable power of attorney should be created for the Surrogate and an alternate for the intended parents should be listed in the contract or agreement.

9. THE GESTATIONAL SURROGATE IS IN AGREEMENT WITH YOU ABOUT BREAST MILK PUMPING. While this is thought to be medically helpful to contract the uterus back to normal size, for many women, this is a painful process, physically, and possibly emotionally. Additionally, pumping is very time consuming. Most pumping is done between 5-8 times a day. Each pumping session can take 30 to 60 minutes to pump both breasts. If you wish to have breast milk for your child, ask if your Surrogate is comfortable pumping milk and negotiate appropriate compensation. Discuss how the milk will be stored and delivered. All of this should be either written into your gestational Surrogate contract or should be written as an addendum.

10. THE GESTATIONAL SURROGATE IS IN AGREEMENT WITH YOU ABOUT ANY POST BIRTH CONTACT. For some folks, having post birth contact is natural. For others, they want all contact to cease immediately after birth. Will the Surrogate have the child with her in the hospital or have a quiet time to bid the farewell. Will the baby be handed immediately to the intended parents or to the Surrogate? Will the Surrogate’s children be able to view the baby? Again, get the expectations out in the open. Is there to be any continuing contact? Although most families do not have substantial continuing contact, it is not unusual for families to send photos to the Surrogate on the child’s birthday, so the Surrogate can see how well they are doing.

After you’ve thought about these 10 things, you probably have some questions. Why don’t you call us and we can set up a time to discuss? Or you can go to our website and learn more there, and send us your contact information.

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Part 2 – 10 Things You Must Know To Ensure a Successful Pregnancy With A Gestational Surrogate

Did you miss Part 1?

4. THE GESTATIONAL SURROGATE IS IN AGREEMENT WITH YOU ABOUT THE AMOUNT OF CONTACT YOU WILL SHARE DURING THE PREGNANCY. Do lay your expectations out so you and your surrogate can come to agreement. The surrogacies which have gone sideways most often do so because of unmet expectations. Will you go to every doctor appointment or only the landmark appointments? Will you communicate by visits, by phone, by email or by third persons? Will visits be planned or drop in? How often do you want to be in contact? Is the surrogate wanting lots of contact or little? Would she prefer emails to telephone calls? Is there a certain time of day that contact is easier, i.e. after dinner?

5. THE GESTATIONAL SURROGATE IS IN AGREEMENT WITH YOU ABOUT THE TYPE OF CONTACT YOU WILL SHARE DURING THE PREGNANCY. One surrogacy I worked on came to crisis when the surrogate said she couldn’t stand being interrogated about what she had eaten each day. The intended mother wanted to be a part of the process and was asking the questions to “try on” the pregnancy. The intended mother was not able to see how her questions could be considered controlling and/or intrusive until the Surrogate told her that she had whiskey and donuts for breakfast. After gasping for breath, ultimately she was able to relax and trust that the surrogate would nourish herself appropriately. It’s important to remember that the surrogate is a responsible adult who may make different decisions than the intended parents, but if the contract is adhered to the life style choices are the surrogates’ decisions. Do build in a safety net, so, if a question or request by either party feels intrusive, the other party may have a middle man to contact.

6. THE GESTATIONAL SURROGATE IS IN AGREEMENT WITH YOU ABOUT THE ASPECTS OF ABORTION AND OR SELECTIVE REDUCTION. You need to discuss if either abortion or selective reduction will be utilized and under what conditions. It is also very important to note that under Roe v. Wade, a U.S. Supreme Court Decision, no one can make a pregnant woman get an abortion. So, even if this is in the contract, the surrogate can be held in breach of contract, but you will not be able to legally compel her to act. Therefore BE SURE TO FIND SOMEONE WHO SHARES YOUR VIEWS. I strongly recommend not working with anyone who doesn’t agree with you from the very beginning, because experience shows that even if someone changes their mind to accommodate you, they may well revert back to their originally held positions.

Tomorrow: the conclusion. In the meantime, you can visit our website to learn more about becoming a gestational surrogate or using one to build your family.

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Part 1 – 10 Things You Must Know To Ensure a Successful Pregnancy With A Gestational Surrogate

On a rainy day, I sometimes rifle through our in-house archives for some timeless pieces on family formation. So starting today, Family Formation Law is bringing you a series of pieces on growing your family.

1. THE GESTATIONAL SURROGATE REALLY CARES ABOUT CHILDREN AND ENJOYS BEING PREGNANT. The motivation of the gestational surrogate makes a significant difference in her attitude about the pregnancy, and hence the prenatal environment for the child. For example, one study has shown that women who are stressed or depressed during the pregnancy tend to birth children who are more colicky as infants and introverted throughout life. As to the risk of exposing a child to unhealthy substances, as a carrier indicated, “my children have opened her heart so much that I can’t image doing anything which could potentially harm or abuse any child.”

2. THE GESTATIONAL SURROGATE’S SIGNIFICANT OTHER IS IN AGREEMENT WITH THE SURROGACY PROCESS. Nothing sabotages a surrogacy faster than a non-supportive significant other. Supportive is ideal; neutral is satisfactory. However, if the significant other is opposed to the surrogacy, I strongly suggest you do not go forward. For this reason, we mandate that the gestational surrogate and her significant other both be screened by a psychologist.

3. THE GESTATIONAL SURROGATE UNDERSTANDS THAT SOME PREGNANCIES NEED MEDICATIONS IN INJECTION FORM. Many of the potential surrogates we interview don’t know about the extra medical interventions necessary in an assisted reproduction pregnancy. Make certain that your carrier understands what is involved prior to investing heart and money. There are a great many web sites (e.g.www.ASRM.org) which will provide excellent initial information. Only when there is comprehension of what is involved should you continue.

Want to know more? Parts 2 and 3 will be up next week! In the meantime, you can visit our website to learn more about becoming a gestational surrogate or using one to build your family. Don’t forget we offer a free consultation to discuss your needs. Have a great weekend!

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Surrogacy Abroad – The Latest Wave?

India is rapidly becoming a major player in the surrogacy business, for better or for worse. Many developed nations have outlawed commercial surrogacy as immoral, or they prohibit it for certain groups (homosexuals or single people). Therefore, individuals and couples seeking to grow their families through surrogacy are often forced to look elsewhere. India is becoming a favored destination for these families, since commercial surrogacy is legal, and a surrogate can be paid what seems a very small sum to the intended parents, but a fortune for the surrogate, thanks to differences in the standard of living and exchange rates.

Much has been made of the fate of the German couple who used an Indian surrogate to bear their twins, only to have the German government deny the children citizenship, and the Indian government do the same. But couples from Australia, France and other parts of Europe are turning to India over the United States for cost savings. Over the next couple of posts, we’re going to cover some of the drawbacks to using a surrogate in India (or anywhere outside the United States) to grow your family.

To whet your appetite, start here: a 60 minutes piece about an Australian couple turning to India for their gestational surrogacy. Watch it and comment below. We’d love to hear your thoughts.

Family Formation Law Offices has been in the family building business for nearly thirty years. Whether you are seeking to build your family through adoption, or third-party assisted reproduction, we have the skills and resources to help you. Call 1-800-877-1880 today for your free 15 minute consultation.

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Washington State Legislature Considering Gestational Surrogacy Bill

Washington State currently has a ban on paid gestational surrogacy arrangements. But that may change very soon. According to the Seattle Times, a bill has passed the State House, 59-39, allowing women to be paid to serve as gestational surrogates.

If it becomes law, the bill debated last Monday would set up a detailed system for entering into surrogacy contracts. The bill is now being considered by Washington State’s Senate.

Under the bill, House Bill 2793, surrogates would have to be at least 21 and have previously given birth to a child. Additional requirements include obtaining medical coverage for the pregnancy and immediately after birth, passing mental and physical examinations, and signing a written consent form. Intended parents also would have to meet certain requirements, including a mental health evaluation and an affidavit from a doctor attesting to a medical need for surrogacy.

Gay and lesbian couples would not need a medical affidavit. The measure also would give state-registered domestic partners access to the Uniform Parentage Act, a law regulating child support and custody.

California intended parents are very lucky, as you can see by this news article. California intended parents have long had the ability to obtain pre-birth judgments declaring them the legal parents of the children. While surrogacy is unregulated in California, there are many excellent programs run by experienced practitioners and attorneys, who can advise you on the best way to create your family. Family Formation Law Offices encourages you to visit our website to learn about using gestational surrogacy to build your family, including the costs, timeframe, and what to expect.

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California Assembly Member Introduce Bill to Regulate Surrogacy Business

On February 19, 2010, Assembly Member Bradford introduced a bill into the California legislature designed to regulate the practice of so called “surrogacy practitioners,” AB 2426. You can track its status here.

Surrogacy practitioners, as defined by the bill, are persons or organizations that engage in either (1) advertising for the purpose of soliciting parties to an assisted reproduction agreement or acting as an intermediary between the parties to an assisted reproduction agreement; or (2) charging a fee or other valuable consideration for services rendered relating to an assisted reproduction arrangement.

We’ve already covered how to choose an assisted reproduction program in some detail on this blog. One of the problems we’ve identified in this field is a lack of regulation. Unfortunately, several surrogacy agencies have closed their doors in recent months, and in so doing, took the money intended parents had placed with them to pay medical bills, the surrogate’s monthly expenses and her compensation. These parents were left with no recourse, since these agencies are not licensed or otherwise regulated by the state. Now, there are a few surrogacy programs run by attorneys, and we strongly recommend that families considering surrogacy work with an attorney owned and operated program, because the attorney has a license on the line, and you, the consumer, have recourse through the State Bar if the attorney commits malpractice.

The other part of the bill regulates how a non-attorney surrogacy practitioner handles client funds. The legislation would require the practitioner to deposit the client funds into either an independent bonded escrow depository, or a trust account maintained by an attorney. It further requires that client funds can only be withdrawn only by agreement between the surrogacy practitioner and the intended legal parent identified in the assisted reproduction arrangement.

This bill has only just been introduced into the legislature, and its going to take some time to work its way through the legislature. It will likely undergo some refinements between now and when its signed into law, whenever that may be. However, Family Formation Law Offices is pleased that the legislature is aware of the problems out there, and at least considering legislation. We will keep you informed of any updates!

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A Healthy Weight Translates to A Healthy Pregnancy and a Healthy Baby

Seems obvious, right? But there is increasing evidence that obesity rates not only affect overall health, but can contribute to increased risk of miscarriage, anovulation, c-sections, and decreased live birth rates. This is just as true in women who carry their own children as in women who act as gestational carriers. A recent article in the journal of the American Society for Reproductive Medicine, Fertility and Sterility, provides a retrospective analysis of cycles for a period of 8 years. It concludes noting the chances for live birth are dramatically improved by using surrogates with a BMI under 35.

Many programs seek women with BMIs with a top range lower than 35. It is not intended to discriminate against women with a BMI of say 33, 34, or 35, but many fertility clinics have their own preferences for women with BMIs of 30 or under.

Obtaining a healthy weight is preferable for your own health, but if you are trying to get pregnant, or considering becoming a surrogate, its important for you to look at the different BMI requirements for different programs and doctors. For some women, losing as little as 5 lbs can drop them into the next BMI range, or maybe they are still nursing, and when that stops, their BMI will drop.

If you are interested in becoming a gestational surrogate, or you think you’re in need of a surrogate to build your family, we encourage you to give our office a call, visit our website, or send us an email.

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Judaism through 3rd Party Assisted Reproduction

It is well known that Judaism, and therefore, being Jewish, is passed through the mother. With the development of donor eggs as a means for creating a family, the arbiters of who is and who is not Jewish, the rabbis, have been forced to decide whether a child born of a Jewish woman using donor eggs of a non-Jewish egg donor can be considered Jewish under Halacha law.

Recently, a group of influential rabbis in Israel has decided that the donor must be Jewish for the children of her eggs to be considered Jewish.

What does this mean for Jewish couples struggling with infertility and ways to build their families while preserving their religious beliefs?

First, there is a very limited supply of Jewish egg donors. Women who are Jewish can command a substantial premium for their eggs, although generally reputable agencies that follow the American Society of Reproductive Medicine guidelines do not allow for much variation in pricing. Regardless, on the open market, an individual or couple can offer a higher sum for a Jewish egg donor who meets their additional criteria. Unfortunately, this has the effect of pricing some families out of the market, or forces them to wait for a donor who meets their criteria at an agency with a smaller pool to choose from. If a baby is produced from a “non-Jewish egg,” when it is old enough, he or she would have to undergo Orthodox conversion when reaching the age of bar mitzvah or bat mitzvah.

Second, for couples using a gestational surrogate, the surrogate may not need to be Jewish. For a good summary of the issues raised in Jewish surrogate motherhood, check here, at there The Women’s Health and Halacha Website. If this ruling from the Rabbis in Israel means the genetic mother is the halachic mother, it may be easier on some level for Jewish couples to locate an acceptable surrogate (countered by the increased difficulty of finding a Jewish egg donor if one is needed).

Cultural issues such as these are only some of the concerns raised by most intended parents. It is crucial that families looking to grow through gestational surrogacy or egg donation consult not only with their religious leaders, but also with a reputable attorney. An attorney can help you screen out fraudulent egg donors, or donors who are taking advantage of your religious convictions. Here at Family Formation Law Offices, we specialize in providing the highest level of professionalism and ethical representation to our clients. We encourage all individuals, couples and families look to grow or build their family to call today to arrange for your free consultation.

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Building Your Family – Embryo Donation

Embryo donation is the newest method of assisted reproduction and one we will be hearing about much more in upcoming times as people become familiar with the idea. Embryos are plentiful and donation is being popularized by the U.S. government. Typically donors of embryos are those men and/or women who have completed their families via IVF and who have remaining frozen embryos. Rather than donating these for scientific research or letting them be destroyed, they seek special families (defined here as single, married, gay or straight), who want children and who will receive these embryos and gestate them to term.

For the recipient family, this may be the family building solution they are seeking. The family does not have to spend the time and money and agony of creating embryos. Full medical information on the gamete donors is available; the recipients can negotiate the donation contract, which when executed will be upheld (Buzzanca). The Recipient will have control over the prenatal environment, and with very rare exceptions, the resulting child(ren) will not be the subject of a court battle. As in adoption*, the children born will not be genetically connected to the intended parents, but they will be full siblings of the donors’ children. The risk here is not that the birth parents will change their mind, but that the embryos will not implant well.

As in other IVF procedures, clinical implantation of the embryos is necessary and the recipient must be medically prepared for receipt. And as in other IVF procedures where there is donor genetic material, there must be a written consent of all the parties. (CA Penal Code 367G). Here, this would be in the form of an embryo donor contract or agreement. The embryo donor contract spells out the details and intentions of the parties. Contract provisions provide that the recipients are the intended parents and they will be deemed the parents of the child(ren) born of this donation without regard to physical condition or number. There is usually a recitation that the donor wishes no parental relationship or responsibility with respect to any child born of the donated embryo and has no responsibility if the embryos are blighted or don’t thaw well. Often there is a visitation provision which underscores the genetic ties between the children of both families.

Section 367G of the CA Penal Code raises the question that if the embryos were composed of donated gametes, does the original donor have to sign a consent to the donation of those embryos? Experts are divided. If the original consent to donation is a blanket consent, it may not be legally necessary. However, the better practice, both from a legal and a social responsibility standpoint, is to have the original donor sign a document indicating her/his knowledge of the (redonation) embryo recipient.

Again, because genetic material is not usually sold, the money that changes hands is very limited. Sometimes the recipients/intended parents will help defray the cost of storage fees. Medical costs of the embryo creation are borne by the donors; costs of the implant procedures are borne by the intended parents. If a search organization or an embryo donation program is utilized, these costs are also borne by the intended parents.

Family Formation Law Offices offers cost-effective, flat fee reviews of contracts in embryo donations. Both the donor parents and the recipient parents need to be represented by counsel. We offer a free 15 minute phone consultation to discuss your legal needs in an embryo donation agreement. Call or email us today to arrange your appointment.

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*One embryo donation program, Snowflake, located in Orange County, CA arranges the embryo donations as though they were adoptions. The recipient family must undergo a homestudy with all the rigors of interviews, references, fingerprint and medical clearances with an educational component of raising a child not biologically related. The donating family must receive counseling and fill out complete medical histories on the embryos. If the parties wish ongoing contact agreements, these are worked out with the parties by the agency. Then papers are signed.

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Building Your Family – Surrogacy

Surrogacy involves a woman agreeing to gestate a child for a single adult or couple. Surrogacy can be either traditional (artificial insemination of sperm into the Surrogate’s womb) or gestational (in vitro fertilization with genetic material supplied by the Intended Parent(s) and/or Donors and transferred into the Gestational Carrier’s womb).

In a California gestational surrogacy, the Intended Parents’ parental rights are secured by court order between the fifth and ninth months of the Gestational Carrier’s pregnancy and take effect upon birth. After birth, the Surrogate releases the child to the Intended Parent(s) to love and raise. This is the most common and most secure form of surrogacy.

In a traditional surrogacy, few courts will adjudicate the Intended Parents as the lawful parents before birth. Typically, parental determinations are created via paternity judgments and stepparent adoptions. We do not recommend traditional surrogacy because of the legal concerns outlined above.

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