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 options, especially from a legal perspective, and the considerations that should be made when deciding which is the best fit.
Agency-Managed Surrogacy vs. Independent Surrogacy
When choosing between an agency-managed and independent surrogacy, one of the primary distinctions is the level of support and services provided. With an agency-managed journey, the surrogate or intended parents hire an agency to handle the match-making process and coordinate the journey. The agency conducts rigorous screenings to ensure that both the surrogate and intended parents are qualified. These screenings include medical checks, psychological evaluations, and interviews to ensure compatibility. Agencies also typically have pre-established benefit packages, which can be helpful for surrogates and parents to understand what is covered financially.
On the other hand, an independent surrogacy often requires surrogates and intended parents to navigate the matching process on their own. This can include using online platforms, chat groups, or even social connections. While this option offers more freedom and less cost, it also comes with higher risk, as the parties involved must handle all the vetting, agreements, and logistics themselves. If the surrogate or intended parents don’t have an existing relationship or connection, it may be difficult to ensure they are making a well-informed choice.
Legal Considerations in Surrogacy Journeys
Regardless of whether the surrogacy is agency-managed or independent, the legal process often involves similar steps, particularly regarding contracts. Once a match is made, a surrogacy contract is drafted by the attorney, which details financial arrangements, medical responsibilities, and other legal considerations. While the contract review process is typically the same, there are notable differences in the complexity of financial arrangements. For example, an agency-managed journey will likely have more detailed financial agreements, as the agency will have pre-established compensation and reimbursement schedules. Independent journeys may have simpler, more streamlined arrangements, but this can sometimes lead to misunderstandings or confusion about what is covered.
As an attorney working in surrogacy law, my role is to ensure that the contract is clear, fair, and legally sound, regardless of the type of journey. However, independent surrogacy arrangements may require additional legal guidance, especially if the surrogate and intended parents do not have access to the resources that an agency would typically provide.
The Role of a Surrogacy Attorney
An experienced surrogacy attorney plays a critical role in both agency-assisted and independent surrogacy arrangements. For agency-managed surrogacies, the attorney often works with the agency to ensure that the legal aspects of the match are in order. This includes reviewing the agency’s contracts and the surrogacy agreement to ensure everything is legally sound and fair to all parties. However, in independent surrogacy cases, the attorney may be more hands-on, guiding both the surrogate and intended parents through the entire legal process, from contract drafting to finalizing arrangements.
In independent surrogacy, a significant challenge is the lack of a third-party mediator or consultant to manage the process. Surrogates in independent arrangements may feel isolated or unsupported, as they do not have an agency to act as an intermediary to handle emotional or logistical concerns. This is where the attorney steps in, providing not only legal support but also helping navigate any difficulties that may arise. Although the attorney is not a replacement for an agency, they can help the parties involved make informed decisions and avoid potential legal pitfalls.
Common Issues in Independent Surrogacy and How Attorneys Can Help
In independent surrogacy, decision-making authority can often be a source of conflict. For example, when medical decisions arise or a dispute emerges over finances, the lack of a designated intermediary (such as an agency) can leave the surrogate and intended parents feeling uncertain about how to proceed. Surrogates may seek legal advice to understand their rights and obligations regarding medical care, tests, or procedures, and intended parents may need guidance on how to handle unexpected issues or concerns.
One of the key roles of a surrogacy attorney is to address these issues before they become larger problems. By reviewing the surrogacy contract thoroughly and ensuring that all parties understand their roles, responsibilities, and rights, an attorney can help prevent misunderstandings down the road. An attorney can also offer advice on what provisions should be included in the contract to address potential issues, such as medical procedures, financial contingencies, or complications during the pregnancy.
Considerations for Surrogates Choosing Between Agency or Independent Journeys
Surrogates should carefully consider their reasons for choosing an independent journey versus going through an agency. Financial considerations are often a key factor, as agency fees can be significant. However, it’s important for surrogates to ensure that any financial arrangements made independently are fair and transparent. An experienced surrogacy attorney can help surrogates assess what is included in a benefit package and ensure they are compensated adequately for their time, effort, and potential risks.
Another factor to consider is the emotional and logistical support available. Surrogates working independently may feel more isolated, especially if the intended parents are unfamiliar or the arrangement is not as structured as an agency-managed journey. In such cases, it’s vital to have a trusted attorney who can provide advice and support throughout the process.
Conclusion
Both agency-managed and independent surrogacy journeys offer distinct advantages and challenges. For those considering an independent journey, it is essential to have a knowledgeable and experienced surrogacy attorney to guide the process. From ensuring that the contract is legally sound to providing ongoing support throughout the pregnancy, the right attorney can help surrogates and intended parents navigate the complexities of surrogacy. By carefully weighing the risks, financial considerations, and the level of support needed, surrogates can make an informed decision that is best for them and the intended parents.
