Gestational Surrogates
Frequently Asked Questions
Q:
Are there age limits to being a gestational surrogate?
A:
Ideally, gestational surrogates are between 21 and 42 years of age.
Surrogate mother candidates who are over 39 will be required to
complete more extensive medical screening than younger candidates.
Q:
I had my tubes tied. Can I still serve as a gestational surrogate?
A:
Absolutely. A pregnancy in a gestational surrogate is accomplished
through in vitro fertilization (IVF). In IVF the embryos are placed
directly into the surrogate’s uterus so that it is not necessary
to use the surrogate’s fallopian tubes.
Q:
What happens if one or both of the intended parents die before the
baby is born?
A:
If one intended parent dies, the other will take sole custody of
the baby and fulfill the contract as if both were still living.
If both intended
parents die before the birth of the child, the surrogate mother
will relinquish the child at birth to the person named in the wills
of the intended parents to serve as guardian of the child. Intended
parents must provide Surrogacy Solutions with the full address and
other contact information for guardianship. Intended parents are
required to carry life insurance naming the unborn child or a trust
for the exclusive benefit of the unborn child as the beneficiary.
If intended parents have contributed sperm and/or eggs, samples
of DNA are to be preserved in the event of the death of one or both
of them prior to the birth of the baby. The death of the intended
parents prior to the birth of the child will not result in you being
obligated or permitted to raise the child.
Q:
Will I meet the intended parents?
A:
Yes, unless you and the intended parents reach an agreement to the
contrary before the contract negotiations. Usually, you meet after
the contract negotiations and before the medical treatment begins.
The surrogate mother is allowed to escape from the contract without
any obligation to the intended parents if she finds that she has
no desire to assist the intended parents after meeting them in person.
Q:
Is there anything required of my husband (partner)?
A:
Your husband or partner must agree to participate in medical screening
(HIV, Hepatitis B and C, CMV, and any other sexually transmitted
diseases or disorders). The same request must be made of any person
with whom you have had sexual contact during the six months prior
to applying as a surrogate mother.
For married
surrogates, husbands must become parties to the contract, agree
to receive no tattoo or body piercing during the contract, and must
cooperate with all provisions of the contract. The intended parents
ordinarily ask to meet the surrogate’s husband, fiancé
or partner.
Q:
What if I have already found the intended parents I want
to help. Can Surrogacy Solutions provide us with a contract?
A:
Absolutely. We are happy to assist those surrogate and intended
parents with their contract needs, contract administration, and
finalizing the parent and child relationship after delivery. Our
agency fees for helping in this way are reduced accordingly. If
you are a surrogate mother who has already located a couple you
want to help, call us toll free (1-800-376-6992). We will be glad
to answer your questions and further describe how we can help you
and your couple.
Q:
Will my and my husband's names be on the birth certificate?
A:
For a surrogacy child delivered in Arkansas, the law provides that
the child is the child of the intended parents. The fact of the
surrogacy is recognized by a court order so that the birth certificate
can be issued in the name of the intended parents. We do not cause
a birth certificate to be issued prior to that order being signed
by the judge. For a child born outside of the State of Arkansas,
the laws of that state will apply. In all but one state, that means
that the surrogate and her husband would be named as the parents
on the birth certificate. However, in those situations, we do not
order the birth certificate if at all possible, until the intended
parents are legally recognized as the parents of the child and can
have their own names listed on the birth certificate.
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