From time to time Gitlin and
Kasper receives inquiries from people who are either seeking
to adopt a child, or to have a child through surrogacy.
Such people will be informed that this office has contact
with a person who is interested in becoming a surrogate
mother, you. Persons who wish to acquire a child through
surrogacy are people who for one reason or another (and
often because of the relatively low age cut off by adoption
agencies) cannot have a child through adoption, or have
their own child because of infertility. If there is a problem
of infertility it is usually on the side of the mother.
Surrogacy therefore usually involves artificial insemination
with the sperm of the intended father. While infertility
problems of the mother are the usual, there are also other
circumstances in which the services of a surrogate are
used so that an alternative to artificial insemination
is that a fertilized eggs are implanted in the surrogate,
so that the surrogate's eggs are not used. |
If we determine that there is a couple who is interested
in your services as a surrogate, arrangements will be made
for you to meet the couple and discuss with them, in general
terms, the terms of a surrogacy arrangement. It is of utmost
importance that you are comfortable with the intended parents
and they are comfortable with you. The intended parents
and you will enter into a written surrogacy agreement.
The main features of the agreement are that you will have
full management of the pregnancy in terms of its termination,
etc., however, that you will abide by reasonable health
care standards during the pregnancy; that you will be paid
a fee for your services as a surrogate, in addition to
the intended parents paying all of the expenses incurred
as a result of the pregnancy; that you will turn over the
child to the intended parents as soon as the child is ready
to be discharged from the hospital and that you will execute
a consent for the adoption of the child by the intended
parents.
You should understand the following in reference to the surrogacy
agreement:
- The agreement is binding on both parties, that is,
they will have to take the child, even if the child
is born handicapped, and you will have to give
up the child. There is no reneging on the contract by
either party. If you renege you will not be paid a fee,
and will not be reimbursed for any of the medical or
hospital expenses. If there is a miscarriage you will
be paid a fee in ratio to the time you were pregnant.
- The amount of the fee is negotiable between you
and the intended parents.
- You will be required to have your own lawyer advise
you in regards to the agreement. The intended parents
will pay the fees of that lawyer, up to a certain
amount.
- You will be required to be interviewed by
a psychologist. It will be a brief interview. The purpose
is so that the psychologist may advise the intended
parents of your ability to separate from the child.
Thousands of women have
been surrogate mothers. Nearly all of them speak of it as one of the most
gratifying experiences in their lifetime, that is, the opportunity to bring
the joys of parenthood to an infertile couple.
H. Joseph Gitlin
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