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Everything You Need To Know About Surrogacy

Team AckoFeb 8, 2024

When there are infertility issues, couples take the help of fertility treatments called assisted reproductive techniques to treat infertility. IVF is the most common and effective ART, which increases the odds of pregnancy in couples who are struggling with infertility.

Contents

Traditional Surrogacy
Gestational Surrogacy
There are various ways to find a surrogate
- Friends or family
- A surrogacy agency
The general preference in choosing a surrogate should be:
There are two types of contractual agreements:
- Compensated agreements
- Compassionate surrogacy agreements

Another option that can be considered is surrogacy, a method of assisted reproduction where a woman carries a pregnancy for a person or a couple.

When is surrogacy considered? What are the types of surrogacy? How to find a surrogate? What type of contractual agreements exists? What can you do to avoid legal issues with surrogate? Let us address these questions.

If a woman has a chronic health condition, is suffering from cancer, has an impaired or absent uterus, it is either impossible or complicated for her to carry a child. She can consider surrogacy as an option to have her own baby.

Types of Surrogacy

Traditional Surrogacy

Traditional Surrogacy is not as common as Gestational Surrogacy. In traditional surrogacy, the surrogate has a genetic link to the child she carries. The sperm of the male parent is artificially inseminated into her body. She bears and delivers the child.

Gestational Surrogacy

Here, the surrogate does not have a genetic link to the child she carries. Through IVF, the intended parents give their sperm and egg to create an embryo. The embryo is then transferred to the gestational surrogate’s body. She then carries the baby until birth. She is the birth mother but the biological mother is the parent whose egg had been used.

There are various ways to find a surrogate

Friends or family

Due to the legal hassles of surrogacy and high costs involved, you can ask a friend or relative to be a surrogate. As its within the family, the complications are less and easier to manage.

A surrogacy agency

An agency can help you find a surrogate. They will brief the intended parents about the procedure and cost involved. The arrangements are made by the agency. A coordinator working for the agency will find the surrogate, evaluate her, take care of scheduling clinic appointments, handle her fees etc.

The general preference in choosing a surrogate should be:

-The surrogate should be at least 21 years old.

-She should have given birth to minimum one healthy baby. Hence, she understands the pregnancy journey and the risks involved. She is also aware of the emotional issues of bonding with a new born.

-She will sign a contract where she agrees to prenatal care, taking care of her health and giving the baby to you after birth.

There are two types of contractual agreements:

Compensated agreements

A contract where the surrogate’s financial compensation is mentioned in detail. This includes fertility costs, medical costs during pregnancy, lost wages, legal fees and other costs concerning surrogacy.

Compassionate surrogacy agreements

If the surrogate is a close friend or family member, no money is paid to her. All costs that go with a surrogate agreement are covered by the intended parents.

There are many legal hassles with surrogates. In order to ensure your rights as parents-to-be are protected, hire a lawyer who specializes in surrogacy, reproductive law, or adoption. Check with the surrogate agency if they are doing the legal work too. Is the legal cost part of their total fees? If not, you may have to hire a surrogate lawyer separately for his legal services.

Couples going for surrogacy have already experienced the trauma of infertility. Surrogacy offers an opportunity for the intended parents to embrace parenthood in a couple of months. However, care has to be taken that your rights as would-be parents are not taken away by the surrogate once the baby is born. Hence, be aware of the legal process with respect to surrogacy in your country and take the help of a professional lawyer who can guide you well and avoid any complications from the surrogate once the baby is born. The contract between you and the surrogate is based on trust. Both need to know, understand, and implement what to expect during the pregnancy and after the child is born.

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Disclaimer: This content is for informational purposes only, based on industry experience and secondary sources. It is not a substitute for professional advice. Please consult a qualified expert for health or insurance-related decisions. Content is subject to change, refer to current policy wordings for specific ACKO details.

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