Surrogacy Contracts

The Essentials of a Good Surrogacy Agreement

The contract phase of a Surrogate arrangement is probably considered one of the most difficult areas to traverse. Not only is it important that your contract contain everything to legally protect both parties, but it also must contain a thorough breakdown of any fees that will exchange hands. If there should ever arise a problem, the contract will be the first document looked at to find the answer. Therefore, it is extremely important that it be precise and accurate to both parties wants and needs.

In my 4 years being involved in Surrogacy, I have found one of the most common questions from a new surrogate is, "What fees should be included in the contract?"  In this article I am going to list some of the more important fees that a surrogate might want to add into her contract. Please keep in mind as you read this, not all contracts are going to be the same. And not all Surrogate mothers will want the same types of fees or ask for the same amounts. This is mainly a rough guideline to go by.

Base Fee

The first thing the Surrogate and IP's will want to agree upon is a base fee.  Hopefully this has been discussed already and both parties are in agreement. So there will be no surprises when the subject is broached during the contract phase.

You might be asking, "How much is an average Surrogate fee?"  The answer to that is as varied as the women you find doing surrogacy. Many will say that a first time surrogate should receive anywhere from $14,000 to $18,000. You will find many surrogates who will ask for more than these amounts and many who ask for less. These amounts will usually go up when working with an experienced surrogate. And in rare cases you will find one who is willing to carry a child for no fee at all. In these cases the surrogacy is called a compassionate surrogacy. Although some will argue that any woman willing to carry and a deliver a child just to help complete a family can be considered compassionate whether they receive a fee or not.

You will also find that the differences between a Traditional surrogacy fee and a Gestational surrogacy fee can be widely varied or be on the same page. Some traditional surrogates feel that since they are not only the carrier but also the egg donor, they should receive more. While some gestational surrogates feel that with the amount of time and the different number of medications they go through, they should receive more in compensation. Regardless the circumstances, a surrogate should ask what she feels her time and efforts are worth. She should never be bullied into asking for more or less than what she feels is fair.
 
Disbursement

It is also important that the contract state how the fee will be disbursed. Most contracts I have seen will usually have the total fee separated into monthly payments. With the total amount being paid BEFORE the birth of the baby. In general, it is not a good idea to accept any kind of lump sum after the baby is born, unless in cases of premature birth or other circumstances where it can't be helped.

Transfer or Insemination Fee

Another fee you might want to include in your contract is a transfer/insemination fee.  Gestational surrogates commonly ask for a small amount of money at the time of transfer for the time and discomfort the cycling process caused her. That amount is usually around $500. And if the surrogate cycles, but for whatever reason the transfer is cancelled, she should receive half of the transfer fee. Which is then called a cancelled cycle fee. That is compensation for her time and medications that she took for said transfer.

Traditional surrogates will sometimes ask for an insems fee. A common amount I have seen is $250/cycle. The cycle can consist of several insems over the course of a few days or just enough time to do one IUI (intrauterine insemination).

Invasive Procedures

Next on the list of fees might be an invasive procedures fee. And invasive procedure can mean anything that is done where they have to go into your body. A good example would be an amniocentesis. If a surrogate feels that this procedure might cause her a significant amount of discomfort, she might ask to be compensated for that discomfort. Commonly in the amount of $500. What a surrogate considers an invasive procedure is strictly up to her and what her IP's are willing to compensate for. If the surrogate agrees to selective reduction or abortion, those are considered invasive and a fee should be paid. But again, not all surrogates will ask for fees such as this. Just like, not all surrogates will agree to selective reduction or abortion.

Maternity Clothing Allowance

A surrogate will also commonly ask for a maternity clothes allowance. This amount can vary greatly under certain circumstances. A specific amount asked for might be $500 to $750. But that can change depending on certain things. If the surrogate is carrying multiples, she will more than likely need to have bigger sizes toward the end of her pregnancy. So she might ask for more to be able to afford several different sizes of maternity clothes. Also, if the surrogate has a job where she must maintain a professional appearance, she might ask for more to be able to purchase professional looking maternity clothes. Some surrogates will not ask for this allowance because they have maternity clothes left from previous pregnancies. Also this fee is normally paid out around the 12th week of pregnancy. Or sooner in the case of multiples.

Monthly Allowance

Something else a surrogate might include in her contract is a monthly allowance. This is most commonly used to cover insurance co-pays, medications related to the pregnancy, etc. I have seen this paid as a flat amount, such as $150/ month or the surrogate saves receipts and is then reimbursed for the said amount. Either way, make sure this is clearly stated in your contract.

Multiple Pregnancy

Another important fee is a multiples fee. This is compensation for the surrogates discomfort while carrying multiples. I have seen this fee range anywhere from $1,500 to $3,000. Once a multiple pregnancy is discovered, this fee can be added onto the surrogates base fee so it can also be paid out monthly, or it can be given as a lump sum later in the pregnancy. As long as the contract states clearly how it is to be paid.

C-Section

It is also wise for a surrogate to ask for a c-section fee. No one wants to think that the pregnancy might result in a c-section. But just in case it does, recovery is painful and long. And it helps to be compensated for that pain and suffering. In most cases, I have seen surrogates ask for around $2,000 should a c-section occur. I am sure some ask for more and some might not ask for it at all. Each situation will vary depending on circumstances. This is also the only fee that will have to be paid out after delivery of baby/babies. It is important that the contract states clearly why this fee is being paid after delivery.

Premature Birth

Another important thing to add is payment of fee in the case of premature birth. Most contracts will state that in the event of a premature birth the fee will be paid as follows, If the child is born before 28 weeks gestation, the surrogates fee will be pro-rated to that date. If the child is born after 28 weeks, she will receive her full compensation. Sometimes the dates are different for each contract, but it is always a good idea to include this in your contract regardless of the dates decided upon.

Childcare Allowance

You might want to include is a child care allowance. Some contracts have it worded where the IP's agree to pay for childcare up to a certain amount. They put a cap on the amount if you will. But that is never a good idea unless that cap is quite high. You always want to plan ahead for the what ifs. Also, some IP's pay a small amount for a house keeper to come weekly to clean up a bit if the surrogate is on bed rest etc.

Miscellaneous

A few other things that might be included is insurance premiums, life insurance payments, any travel costs, and any legal fees incurred during the process. And of course all medical not covered by the surrogates insurance.

While I have listed several things you might want to consider, there are many more aspects to a surrogacy contract. That is why it is wise to have the contract reviewed by a qualified party. With the legal terms and such, it is always a good idea to have the contract explained in a way everyone can understand it.

Also, it is extremely important to remember that every situation is different. Some surrogates will make sure they are covered down to the last penny, while others will make their contract all inclusive. Meaning they ask for only a base fee and nothing more. Regardless of the situation, as long as all parties stay level headed and understanding, and always try to leave a little room for negotiating, the contract phase can be quick and painless.

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written by Tammy Belmont
TammyLynn@AllAboutSurrogacy.com
AAS username:  TammyLynn