Surrogacy: 5 Do’s and Don’ts

Surrogacy is a beautiful yet complex journey that involves careful planning between intended parents and their surrogate. Whether you are considering surrogacy for the first time or already navigating the process, understanding the best practices—and common pitfalls—can make the experience more positive for everyone involved. Here are 5 surrogacy do’s and don’ts to keep in mind:

1. Don’t: Rush to be matched. Surrogacy is not a one size fits all approach!
   Do: There are many surrogacy matching programs and agencies out there to choose from. A matching program or agency helps facilitate matches between intended parents and surrogates. Thoroughly research your options. Take your time to determine which matching program or agency best suits your needs and goals.
2. Don’t: Jump into legal contracts before all parties have received medical and mental health clearances.
   Do: Wait for the parties to be medically cleared by the fertility clinic and mental health counseling/clearances to be complete before spending time and money on legal fees, which often cannot be recouped if clearances are not issued.
3. Don’t: Assume the surrogate’s health insurance will cover maternity-related medical expenses for the surrogacy.
   Do: Have the surrogate’s health insurance policy reviewed by insurance professionals to determine if it will cover maternity-related medical expenses for a surrogate, or if alternative policies need to be purchased.
4. Don’t: Attempt contracts on your own or without separate and independent legal counsel representing each party in the negotiation.
   Do: Retain experienced fertility law attorneys before proceeding with contracts. Surrogacy is a specialized and nuanced area of law that requires the appropriate legal expertise for proper contract drafting.
5. Don’t: Forget the parentage phase if there is a pregnancy! Additional critical legal steps are necessary to ensure the intended parents are declared the legal parents of the child from birth.
   Do: Inform your fertility law attorney once a pregnancy is confirmed. This ensures your attorney is aware of and has ample time to prepare for the parentage work ahead. In many states, legal work on parentage is done pre-birth.