Everything you Need to Know When Embarking on an Independent Journey

Many Intended Parent(s) (IPs) and Gestational Carriers (GCs) prefer to work together without an agency, whether it is because they already know each other, are seeking to save costs, are savvy and organized and feel they can manage themselves, or feel that an independent journey will serve them better. As an attorney who has represented clients through independent journeys, as well as those through agencies, I put together a document which includes a comprehensive checklist to make sure all protocols and necessary elements are completed. For those of you who want to make sure nothing falls through the cracks, I would like to share this checklist with you. Please feel free to contact me with any questions.

Good luck and warm wishes on your journey!

Planning and Documentation

1.     Background check. Criminal background check, citizenship status, and status of parental rights with other child(ren)).

2.     Fertility Clinic. One that works with surrogacy journeys.

3.     Life insurance. GC requires a policy, if she does not already have one. States vary on minimum policy amount. In addition to a policy for the GC's beneficiaries, IP(s) can consider taking out a policy naming IP(s). as beneficiaries. Some life insurance policies will include loss of organ riders, which IP(s). can consider if they want to mitigate risk, since IP(s) are responsible to compensate GC for loss of organs.

4.     Medical Insurance. GC requires a policy. If GC already has a policy, policy should be reviewed by insurance specialist (e.g. ARTRisk) to ensure that surrogacy pregnancy is covered. If GC does not have a policy (or her policy does not cover surrogacy pregnancy), a policy needs to be taken out.

5.     Attorneys. The IP(s) and the GC will require separate attorneys, and at least one attorney needs to be licensed in the state of birth (which is usually the GC’s state of residence).

6.     Medical clearance.

7.     Psych clearance.

8.     OB/GYN.

9.     Hospital. Ensure that they are familiar with - or willing to cooperate with - a surrogacy delivery and relevant paperwork.

10.  Escrow. Also agree on how much money you will place in escrow up-front, the minimum amount which will be maintained, and how long it will remain open after delivery or termination of contract.

11.  Estate Planning. IP(s) should have a Will which covers guardianship of intended child(ren) and how GC will continue to be paid in even of death of IP(s).

Fee Schedule 

To eliminate surprises as contracts begin, it is helpful for the parties to discuss expectations of fees, including those below. Please note, not all fees apply for all journeys; you need to decide what is right for you and agreed to by all parties.

1.     Base compensation/general living expense reimbursement

2.     Start-of-cycle fee

3.     Monthly expense allowance

4.     IVF prep/medication fee

5.     Mock cycle fee

6.     Cancelled/dropped cycle fee

7.     Compensation for multiples

8.     Disability insurance

9.     Maternity clothing allowance

10.  Childcare/housekeeping reimbursement

11.  Bedrest reimbursement

12.  Travel expenses (including for companion)

13.  Lost wages (including for partner)

14.  Compensation for invasive procedures (D&C, cerclage, etc.)

15.  Compensation for selective reduction/termination

16.  Compensation for c-section

17.  Compensation for breast milk

18.  Doula support

19.  Loss of reproductive organs (ovaries, uterus, etc.)

20.  Psychological support

21.  GC’s attorney’s fee for contract review

Miscellaneous Questions for Parties to Discuss

1.     Does GC have plans to move out-of-state or out of the country?

2.     Is GC partnered? If yes, what is the nature of the relationship? If not, does GC live with a roommate?

3.     How many children does the GC have? Do her children live with her? Any fertility complications (miscarriage, stillbirth, premature birth, multiples, etc.)? Has she participated in a surrogacy arrangement in the past?

4.     How do the parties feel about selective reduction and termination? Is everyone in agreement?

5.     Any specific restrictions that IP(s) would like to request (smoking, weed, high impact sports, etc.)?

6.     How many embryo transfers will be attempted? How many embryos will be transferred per cycle?

7.     How do parties want to contract for a situation in which GC may be on life support? Do the parties agree to try to maintain the pregnancy?

8.     Who will cover costs of mediation/arbitration if dispute arises?

9.     What is the nature of the relationship and communication between the parties? How often do the parties want to be in touch over course of transfer/pregnancy? Expectations for contact after delivery?