How I found myself in The Surrogate’s Corner The apple never falls too far from the tree. I grew up in a family of lawyers: both my parents have been practicing fertility attorneys since 1978; my uncle went to law school and decided to pursue a career in insurance; my older brother also went to…
If you are considering becoming a Gestational Surrogate, then congratulations. You are already in a small subset of incredible women willing to endure pregnancy for someone else. What a truly incredible gift that is! When it comes to picking the type of journey to go on, there are two main paths to choose from: an…
So you have looked around at a bunch of surrogacy agencies, researched and investigated their benefit packages, and talked with other Gestational Surrogates about their experiences. Now you are ready to pick the agency of your choice. Awesome! You are one step closer to getting matched and bringing about the most miraculous gift of life…
More Is Not Always Better Your first thought might just be to choose the one with the highest base pregnancy compensation. In advertisements and recruiting brochures, this is usually the headline number agencies use to attract you to them. While that can be a good place to start, you also want to see what other…
The IP(s) Baby, Not Your Baby! I know it seems obvious at first glance. If you are thinking of being a Surrogate, then clearly you are intending to get pregnant with someone else’s child, and not your own. After all, getting pregnant on your own would make this very hard to do. When you sign…
Just how many embryo transfers are you obligating yourself to when you sign-up with a surrogacy agency? Answer: It depends. As you will discover, every agency is different; most recruit Surrogates and market themselves to Intended Parents in a variety of ways. One item to be aware of is the number of embryo transfers the…
Once you make the decision to sign-up with a surrogacy agency, your surrogacy journey will begin interacting with a number of other professionals. These professionals could include people like agency case managers, fertility doctors, psychologists, lawyers, and escrow account managers. All of these industry professionals will be involved by varying degrees at different stages of…
You have made the commitment to become a Gestational Surrogate for someone else. What an incredible gift of grace that is for your matched Intended Parents. The fact that you are willing to endure being pregnant again so another family can grow and thrive is truly remarkable. At this moment, the last thing you are…
Each surrogacy agency has their own specific surrogate benefit package (SBP) with unique terms and provisions. We have a entire separate post just on that topic alone and how to compare benefit packages across agencies. Within each benefit package, there is usually a base pregnancy compensation amount. This is also the number you usually see…
In the world of IVF and fertility treatments, Donors are the “unsung heroes” for countless families going through the journey towards parenthood. (See a great recent post by my colleague, Richard Vaughn of IFLG, on the subject: EGG DONORS, SPERM DONORS ARE UNSUNG HEROES OF ASSISTED REPRODUCTION). Donors who provide their genetic material (eggs/sperm/embryos) for…
In our last blog we discussed the three types of egg donation arrangements available to donors and recipients: Unknown (Anonymous), Semi-Known, and Known (Open). These contracts all contain very similar provisions and use consistent language regarding the legal effect of the contract on parental rights, roles, and responsibilities of each party, but each varies dramatically…
Every Surrogate and Intended Parent desires and hopes that their first Embryo Transfer will be successful. And why wouldn’t that be the case; the whole purpose of these surrogacy arrangements is to get the Gestational Carrier pregnant. A successful pregnancy resulting from the IVF Procedures is not only an exciting moment for all parties involved,…
Thousands of incredible women who choose to become Egg Donors are opening up the doors to fertility options that many frustrated individuals and couples assumed were closed. The benefits and opportunities that egg donation provides to so many families today is remarkable. Regardless of whether you decide to engage in a fresh donation cycle, or…
If you have gotten through picking a surrogacy agency (or finding Intended Parents to work with on an independent journey) and you have been officially matched, then congratulations! You are now ready for your surrogacy contract (sometimes called a Surrogacy Agreement / Gestational Carrier Agreement / Gestational Surrogacy Contract). This is the legal contract between…
This post is about YOU, the Surrogate. It is not about my opinion on what the Supreme Court did, or didn’t do, with its recent decision in Dobbs v. Jackson Women’s Health Organization. Whichever side of the political spectrum, or abortion issue, you are on, will likely determine how you feel about the ruling. I…
Egg donation involves unique legal considerations that distinguish it from surrogacy arrangements. While the egg donation process may be quicker than surrogacy, it brings about long-term implications. One significant factor is the future of the children born through egg donation. Over time, these children may seek information about their genetic backgrounds, including contacting their donor…
Surrogacy is a complex journey that involves various entities working together to ensure a successful match between intended parents and a surrogate. One of the most significant entities in this process is the surrogacy agency. These agencies act as matchmakers by recruiting surrogates and pairing them with intended parents based on specific qualities, characteristics, or…
Surrogacy can be a deeply rewarding experience, but choosing the right path to achieve a successful journey is critical. One of the most significant decisions intended parents and surrogates must make is whether to go through an agency-managed surrogacy journey or pursue an independent surrogacy arrangement. Below, we explore the key differences between the two…
Welcome to the Surrogates Corner, a platform designed to shed light on the surrogacy process and its significance. James Mahan, the founder of the firm, has a deep-rooted connection to this field, stemming from his upbringing in a legal family that navigated the complexities of surrogacy during its early days in the 1990s. James’s Journey…
When considering surrogacy, there are several important steps for intended parents to take before embarking on this journey. Surrogacy is often pursued due to medical needs, such as an inability to conceive or carry a child, and it can be an expensive process. Intended parents must first determine how much they are willing to invest…
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…
What led you to become involved in the surrogacy industry? The journey began 12 years ago as a gestational carrier, experiencing a challenging path that included six cycles, four transfers, and various medical complications, including hyperemesis gravidarum and preterm labor. Despite the difficulties, a strong relationship with the intended parents made it manageable. After completing…
What are the typical contractual obligations for surrogates regarding medical decisions during pregnancy? Most contracts include significant deference to medical testing and specialist recommendations from treating physicians, whether OB-GYNs, midwives, or IVF physicians. When medical issues directly affect the surrogate’s health, well-being, or future fertility, decision-making authority typically remains with the surrogate. For decisions primarily…
What are the essential insurance questions surrogates should ask before starting their journey? Before beginning a surrogacy journey, carriers should determine if they’ll need new policies. This includes asking whether their existing insurance is sufficient or if new coverage will be required. Key areas to consider are medical insurance, life insurance, and disability coverage. It’s…
What should surrogates consider when evaluating a potential match? The most significant consideration is personal compatibility. Surrogates should evaluate their preferences regarding location – whether they want IPs to be local or are comfortable with international matches. Time zone differences, language barriers, and communication styles can significantly impact the journey. Some matches may require communication…
What is an escrow company and why is it essential in surrogacy journeys? Escrow companies play a vital role in surrogacy arrangements by securely holding and managing funds between intended parents and surrogates. As explained by Abby Helmuth of SeedTrust, escrow provides a neutral, third-party platform that ensures all payments are managed strictly according to…
What defines a high-risk pregnancy in surrogacy, and who determines that status? According to surrogacy attorney James Mahan, the classification of a pregnancy as “high-risk” is typically determined by the surrogate’s OB or midwife—not the intended parents. Around 13–14 weeks into the pregnancy, certain tests may signal developmental or health concerns. If issues like gestational…
Psychological screening and counseling play a pivotal role in ensuring successful surrogacy journeys for gestational carriers, donors, and intended parents. This episode of Surrogate’s Corner, featuring attorney James Mahan and Joey Guzman-Kuffel of Counseling with Joey and Associates, explores the screening process, joint counseling sessions, and emotional preparation strategies to support all parties in assisted…
What are the emotional highs and lows of the surrogacy journey? James Mahan explained that surrogacy is filled with both peaks and valleys. On one hand, surrogates experience the joy of helping intended parents achieve their dream of having a child—an emotional high that is deeply rewarding. On the other hand, there are emotional lows,…