Surrogacy is a rewarding but complex journey for all parties involved. While most issues are identified early on during the contract process, certain challenges can arise unexpectedly throughout the surrogacy experience. Understanding these common issues and taking proactive steps to avoid them is crucial for a successful surrogacy journey.
Funding and Payment Issues
One of the most common and concerning issues in surrogacy arrangements involves funding and payment delays. Surrogates often rely on timely compensation for their services, and any disruptions in payment can cause anxiety and complications. A frequent problem involves insurance coverage for surrogacy. Sometimes, an insurance policy may cover the surrogacy costs but include a lien clause, which means the insurance company could later seek reimbursement from the surrogate for a portion of the compensation she received. This can be unsettling for the surrogate and may also come as an unexpected burden to the intended parents. It is essential to address these potential issues early by reviewing the insurance policy to ensure it aligns with surrogacy needs and includes clear provisions about who is financially responsible if a lien is enforced.
Escrow Account Funding Issues
For international intended parents, funding the escrow account can sometimes become a challenge. Agencies typically set up payment schedules for the intended parents, with initial deposits followed by additional payments at key points in the pregnancy. However, delays in transferring funds—especially for international parents—can result in the escrow account being drained before all necessary payments are made. This can leave the surrogate anxious about whether she will receive the required compensation for lost wages, insurance premiums, or reimbursements. To avoid such complications, some agencies recommend fully funding the escrow account at the outset, though intended parents may be reluctant to tie up large sums of money. Striking a balance between sufficient funding and financial security is critical.
Control and Medical Decision-Making Issues
Another issue that arises during surrogacy journeys involves the control of medical decisions. Often, conflicts arise when intended parents, especially those with medical backgrounds, disagree with the surrogate’s doctor about the best course of action. Disagreements may occur around issues like whether specific medical tests or procedures should be performed, or if certain medical recommendations should be followed. The surrogacy contract typically stipulates that medical decisions will be guided by the surrogate’s OB-GYN. However, tensions can arise when parents push for additional treatments or tests, or when a surrogate seeks a second opinion. Ensuring clear communication and establishing protocols for handling medical disagreements is essential to avoid these conflicts.
Case Study: Resolving a Surrogacy Dispute
One of the most significant cases that helped shape my practice involved a surrogate who encountered nearly every possible issue during her journey. The surrogate, who had been matched with a same-sex couple, was carrying a child diagnosed with a suspected heart condition late in the pregnancy. The intended parents, both of whom were doctors, wanted to terminate the pregnancy, but the surrogate did not agree. There was a lack of consensus about the severity of the condition, and the surrogate felt unsupported by her original attorney, who was unavailable due to her own legal matters.
I stepped in to represent the surrogate and worked through the legal and medical issues with specialists. After consulting with the parents, we decided to continue the pregnancy, and the baby was born healthy after undergoing a successful surgery shortly after birth. This experience reinforced my commitment to providing support for surrogates who face challenges during the journey, especially when the focus is often on the intended parents.
Providing Support for Surrogates
Surrogacy is a process that should provide support for all involved, especially surrogates who may feel isolated or underrepresented. While intended parents typically have legal and medical resources to help them navigate the journey, surrogates often face unique challenges that require dedicated legal advocacy. My focus is to ensure that surrogates have the legal support they need to feel confident and protected throughout the surrogacy process. By being there for surrogates during difficult moments, I can provide guidance that helps to avoid or resolve conflicts and ensures that their rights are upheld.
The Importance of Legal Representation in Surrogacy
Having legal representation that understands the surrogacy process is essential to ensure things go smoothly. While we always hope for the best, there are situations where having an experienced attorney can make all the difference. In cases where issues arise, an attorney who knows how to navigate the complexities of surrogacy can resolve problems efficiently, helping all parties involved reach a resolution.
Collaborative Efforts in Surrogacy Agreements
In surrogacy, the process is generally not adversarial. When concerns arise, attorneys often collaborate with one another to find solutions. If there is an issue, for example, one attorney may discuss the matter with the intended parents’ attorney, offering potential solutions, such as seeking a specialist’s advice or even exploring the possibility of terminating a late pregnancy. The key to this is cooperation. Everyone—attorneys, agencies, clinics, and parents—wants the same outcome: healthy children and happy families. Effective legal counsel ensures that both sides are aligned, avoiding unnecessary conflict and fostering a positive experience for everyone involved.
Avoiding Issues Early in the Surrogacy Process
Before entering a surrogacy agreement, it’s important that both parties fully understand the obligations and expectations laid out in the contract. Problems are easier to resolve early in the process, such as before the pregnancy begins. Legal counsel should ensure that all parties are clear about their roles and commitments, and that they feel comfortable with the terms. Adjusting the contract during the pregnancy can complicate things, and it’s best to avoid doing so if possible. Surrogates should be encouraged to voice any concerns or desired changes before finalizing their contracts to ensure a smooth experience.
Market Dynamics and Surrogate Expectations
In the ever-growing surrogacy market, things can change quickly. Surrogates who agreed to certain compensation may find that the market has shifted, and higher fees are being offered. This can lead to issues if surrogates request an increase after a match has been made. While it’s understandable for surrogates to want fair compensation, it’s important for all parties to align early on, so changes aren’t made during the contract process. Open communication about expectations is crucial to maintaining trust and avoiding confusion later on.
Resolving Disputes and Ensuring the Best Outcome
While issues can arise during a surrogacy, most can be resolved through clear communication and legal expertise. However, in rare cases, things can go wrong, such as when a surrogate engages in risky behaviors or breaches the terms of the agreement. In these instances, the intended parents may be entitled to seek damages. However, even if the surrogate is found to have caused harm, there may be little financial recourse if they are unable to pay for damages. Legal counsel aims to solve the problem and move forward rather than resort to litigation, which can be time-consuming and costly.
Best Practices for Surrogates: Maintaining Transparency
For surrogates, it’s important to keep their profiles up to date. If there are changes in compensation expectations or other preferences, they should make sure these are reflected in their profile or discussed with their match manager. Addressing concerns early on—before contracts are signed—makes the entire process easier for all parties involved. Constant communication helps to maintain trust and prevents misunderstandings later in the pregnancy.
Addendums to Surrogacy Contracts
Although making addendums to surrogacy contracts is relatively simple, it’s always best to finalize as many details as possible during the initial contract stage. Adding amendments later can sometimes lead to tension, as parties may feel that the changes are indicative of deeper issues. These adjustments can lead to a loss of trust, which can cause problems further down the line. It’s important to aim for clarity and consensus from the outset to avoid these complications.
The Role of Trust in Surrogacy Relationships
Surrogates and intended parents need to trust each other throughout the surrogacy journey. Transparency is key to maintaining that trust. Intended parents often feel vulnerable, as they are relying on someone far away to carry their child and make decisions in their best interest. When trust is broken—such as when unexpected actions are taken during the pregnancy—it can cause significant concern. Clear communication is vital in maintaining this trust, ensuring that both parties feel secure in the process.
Conclusion: Why Experience Matters in Surrogacy
In surrogacy, experience and trust between all parties are paramount. Legal representation plays a critical role in ensuring that everything runs smoothly, addressing issues early, and preventing unnecessary conflict. Whether you are a surrogate, intended parent, or agency, working with attorneys who understand the nuances of surrogacy law can help avoid problems and foster a positive experience for everyone involved.
