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 concerning the baby that don’t pose risks to the surrogate, intended parents usually have authority, provided the surrogate’s doctor doesn’t object.
How do second opinions work when there are conflicting medical preferences?
Contracts typically include second opinion provisions to address disagreements. Either party can request a second opinion about medical recommendations. Some contracts allow intended parents to choose the second opinion doctor, whose decision becomes binding. A preferred approach involves having the two disagreeing doctors select a neutral third party to evaluate both opinions and make the final decision, ensuring a fair resolution.
Can surrogates override intended parents’ medical preferences?
Strong preferences about testing, screening, procedures, and issues like vaccination should be addressed during the contract phase. Provisions can be included giving surrogates unilateral decision-making authority on specific matters, regardless of medical recommendations. This clarity helps prevent disputes during pregnancy.
How can surrogates ensure their medical preferences are protected?
Surrogates should discuss their preferences with their attorney during contract negotiations. This includes lifestyle restrictions, dietary preferences, travel limitations, vaccination requirements, testing procedures, and termination policies. While contracts must remain somewhat flexible for unforeseen circumstances, establishing clear boundaries early helps prevent future conflicts.
What happens in medical emergencies?
For emergencies affecting the surrogate’s health, she maintains decision-making authority without liability. When emergencies concern the baby but don’t immediately threaten the surrogate, input from intended parents is sought. However, contracts typically allow surrogates to make time-sensitive decisions if intended parents cannot be reached, prioritizing both the surrogate and the baby’s safety.
How are high-risk pregnancies handled differently in contracts?
Contracts must maintain flexibility for complicated pregnancies. This might include provisions for changing hospitals, accessing specific NICU levels, or traveling to facilities with specialized services. Financial responsibility for such changes typically falls to the intended parents. The contract should allow medical professionals sufficient authority to manage high-risk situations appropriately.
What key questions should surrogates consider before contract negotiations?
Surrogates should evaluate their comfort level with medical compliance, including procedures, tests, and vaccinations. They should identify any specific concerns or restrictions they want to include in the contract, from flu shots to more significant medical interventions. Clear communication about these preferences early in the process helps prevent conflicts during pregnancy.
