A. CONTACT OUR OFFICE:

• Speak with a reproductive law attorney to determine the following:
• The attorney will determine the status of surrogacy and egg donation in your state;
• The attorney will consider the laws of both the state where the Intended Parents and Surrogate reside;
• Currently, several states find surrogacy arrangements to be either unlawful or will find the agreements unenforceable.
  

B. AGENCY OR INDEPENDENT?

• Determine if you want to find your egg donor and/or surrogate independently or with the help of an agency.
• Currently, there are a number of surrogacy and egg donation programs that offer specialized services to couples/individuals considering assisted reproduction.
• Since there is little regulation in this field, it is very important for you to ascertain the type of services that these agencies will provide you for your money.
• For example, does the agency require their fees to be paid upfront before you have selected a surrogate or donor? What type of screening and protocol does the agency use in the selection or surrogates and donors? If the surrogate or donor does not pass medical or psychological screening, will they provide you with an additional surrogate or donor for no additional cost? These are just a few of the questions that you must begin to ask if you choose to use an agency.
• If you choose to go independent, will you be able to manage the relationship with your surrogate or donor? Will you be able to resolve any conflicts along the way yourself without the help of a neutral third party?

C. DETERMINE COSTS:

• Be certain that you are aware of the costs associated with the program you have selected. There may be hidden costs for additional cycles, lost wages, travel, child care, and unforeseen medical complications or consequences that are not spelled out in detail.

D. INFORMED CONSENT:

• Consult with any attorney to determine the risks and ramifications of executing an agreement with a doctor, agency, and/or clinic.
• Have your doctor explain to you and your surrogate/donor the medical procedures and risks involved with your particular treatment.

E. CONFIRM INSURANCE COVERAGE:

• Confirm that proper insurance coverage is in place for any catastrophic illness and/or medical consequences of the infertility procedures.
• Determine whether your policy, and/or that of the surrogate or donor, will cover any or all medications and infertility treatments.
• Many insurance companies are now denying medical maternity expenses to women serving as surrogates. Other insurance companies reserve the right to seek reimbursement from the Intended Parents for any maternity benefits paid on the surrogate's behalf.
• It is also imperative that the Intended Parents take the appropriate steps, in advance of birth, to have their child added to their own health insurance policy upon delivery.

F. MEDICAL AND PSYCHOLOGICAL SCREENING:

• The Intended Parents, the Surrogate and her spouse, and the Egg Donor must complete a full medical examination which includes a variety of tests, including HIV.
• Psychological testing and evaluation of the Surrogate and Egg Donor is also very important. This screening should be done by licensed psychologists who perform a variety of tests to determine the suitability of the surrogate and donor for the Intended Parents.

G. EXECUTE LEGAL CONTRACTS:

• We will draft, negotiate and finalize legal agreements as needed with infertility specialists, agencies and third-party donors or surrogates.
• We will ensure that your surrogate and/or egg donor is represented by competent, independent legal counsel, who must issue a legal clearance letter indicating that the surrogate (and her husband if she is married) and/or donor understands and appreciates the issues set forth in the contract, is proceeding with the arrangement voluntarily and without any coercion or undue influence.
• The parties must determine the following:
  1. The financial responsibility of the parties;
  2. The legal responsibilities of the parties;
  3. Ensure that medical and psychological testing takes place;
  4. Address the ownership and disposition of any remaining embryos;
  5. Address what records must be maintained and by whom;
  6. Establish the parameters of acceptable conduct by the parties throughout the arrangement;
  7. Address insurance issues such as life, medical and disability insurance;
  8. Identify the mechanism to be utilized to finalize parental rights;
  9. Address issues of pre-natal testing and reduction;
  10. Establishment of a trust account;
  11. Compensation to be received by the Surrogate or Donor and what expenses will be reimbursed; and
  12. Agree upon contact, if any, the surrogate and/or donor will have with the child
• The parties must also discuss such decisions as the number of embryos to transfer and decisions relating to selective and fetal reduction, as well as guardianship instructions in the event of the demise of one or both Intended Parents.
• Additional issues to discuss include what the participants will tell their children, disposition of excess embryos, confidentiality issues, and the utilization of pre-natal testing, including pre-implantation genetic diagnosis and amniocentesis.
• This guide is not meant to be a substitute for legal advice by one of our attorneys. This is for information purposes only; each case must be assessed individually on a case-by-case basis in order to determine the proper steps you will need to follow.