February 8, 2008, Newsletter Issue #65: Surrogacy

Tip of the Week

For those unable to conceive a child, surrogacy is one infertility treatment option to consider, especially in cases where a woman is unable to carry a child due to an existing medical condition, such as hysterectomy, severe endometriosis or brittle diabetes.

In surrogacy situations, a woman, other than the would-be-mother, agrees to carry a child to term for the individual or couple. At birth, the surrogate relinquishes her parental rights to the child. This is normally conducted as a business agreement, and necessitates a lawyer to ensure that all State legal requirements are met.

A fertility clinic which offers surrogacy as an infertility treatment option will be familiar with the legalities of this type of treatment, since surrogacy is illegal in five (5) of the United States: Arizona, Michigan, New York, Utah and Washington, and there are strict laws and guidelines in other States.

Generally, surrogates meet certain criteria, which include, but not be limited to:

age betwteen 18 and 35married, employed and middle classgood medical healthstable emotional and psychological healthpass a criminal background checkhave a satisfactory psychological evaluation maturitybecome pregnant easily with no problems carrying to termSurrogates are paid a fee for this service, in addition to having all medical expenses paid for by the parent/parents of the child. Surrogacy can be open or closed. Closed surrogacy means that the parent/parents do not mee the surrogate mother. Open surrogacy means that both parties meet and work together during the pregnancy.

Since the law vary from state to state, and there is legal paperwork that must be completed related to this infertility treatment option, it is best to consult an Agency or lawyer who specializes in surrogacy, to ensure the rights of each party, and the best outcome for the child.

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