As a surrogate, you’re helping those struggling to grow their family have the child of their dreams.
A Beautiful Experience
There’s nothing quite like being a surrogate and giving the gift of life. Most say being a surrogate was the best and most significant experience of their life.
Generous Compensation
While it’s not often the #1 reason people become surrogates, you are compensated generously, usually between $45,000 and $70,000.
In traditional surrogacy, the surrogate uses her own eggs and is thus genetically related to the child.
We do NOT do this.
Gestational Surrogacy
In gestational surrogacy, an embryo is created using IVF technology from someone else’s egg which is later transferred into the surrogate’s uterus and carried through pregnancy.
We do this.
Terms for Involved Parties
Surrogate, gestational surrogates, carrier, and gestational carrier all mean the same thing; we use them interchangeably. The people you carry the pregnancy for are usually referred to as Intended Parents (IPs) or sometimes just parents.
Not Genetically Related
As Gestational Surrogates, our surrogates do NOT use their own DNA (eggs) for the babies they carry and are thus NOT genetically related to the baby they carry and deliver.
$$$$$$
Our surrogates are paid throughout the entirety of the process. Payments start after medical clearance and continue at regular intervals until delivery. Most surrogates take home $45,000-$70,000.
The Choice is Yours
Surrogates have the final say as to whom they are matched with, meaning you’ll never be carrying a pregnancy for someone you’re uncomfortable with.
Farewell
Surrogates must hand the baby over to the intended parents. Surrogates feel a great deal of pride in acting as a surrogate and are especially happy when they see the parents hold their child for the first time, which would not be possible without the generous help of the surrogate, who made it all possible by giving the gift of life. Surrogates do get to meet the baby and say goodbye. Many of our surrogates develop a great relationship with the parents and continue to get updates regarding the baby long after their surrogacy journey is completed.
What our Team Says About Being a Surrogate
Being a surrogate has meant so much to me. It makes me so proud that I can help someone in such a big way.
Four Time SurrogateRachel SalazarSurrogate Journey Coordinator
Being a surrogate is by far one of the proudest things I’ve ever done in my life, next to having my own children; seeing the parents hold their babies for the first time absolutely melted my heart. I do not feel there is any larger gift to give to anyone.
I am a helper. So in my heart, it was just as much a gift to me having my IPs chose me to carry their precious babies as it was for them. They made my dreams come true too!
Two Time SurrogateKaty BrownSurrogate Intake Coordinator
Being a surrogate has brought so much fulfillment to my life. I am still close with the intended parents I carried twice, and it is so amazing to get to see them as a family.
Two Time SurrogateKadie HuffmanSurrogate Intake and Journey Coordinator
Being a surrogate is by far one of the proudest things I’ve ever done in my life, next to having my own children; seeing the parents hold their babies for the first time absolutely melted my heart. I do not feel there is any larger gift to give to anyone.
I am a helper. So in my heart, it was just as much a gift to me having my IPs chose me to carry their precious babies as it was for them. They made my dreams come true too!
Two Time SurrogateKaty BrownSurrogate Intake Coordinator
Being a surrogate has brought so much fulfillment to my life. I am still close with the intended parents I carried twice, and it is so amazing to get to see them as a family.
Two Time SurrogateKadie HuffmanSurrogate Intake and Journey Coordinator
Surrogacy is a truly beautiful experience, but there is a lot at stake, so there are strict requirements to act as a gestational carrier with surrogate steps. Here are the requirements to become a surrogate:
Age
You must be between the ages of 23 and 41. Maturity is key.
No Drug or Alcohol Abuse
You must have no history of alcohol or illicit drug abuse.
No Tobacco and Marijuana Use
You must be free of tobacco, marijuana, vaping, or any smoking for a minimum of 6 months.
Proven Birth Record
You must have a minimum of one child who was born without pregnancy or delivery complications. Experienced surrogates get an extra 5K in compensation per previous successful surrogacy.
Good Health
You must be in good health. You’ll need to obtain medical clearance for pregnancy from your OBGYN and pass a reproductive health exam by a fertility doctor. Don’t worry, we’ll help coordinate all of this.
Strong Support Network
Surrogates must have support of their family. If married or in a long term relationship, the surrogate must have their partner’s support.
Willingness to Travel
Surrogates must be willing to travel and be away from home for multiple days at a time without their children. On average, surrogates are away from home for 3-6 days.
Government Assistance
Surrogates may not receive section 8 housing.
Surrogate Friendly State
Gestational Carriers may not live in Nebraska, Louisiana, or Michigan.
Valid State ID or Drivers License
All gestational carriers must have a current driver’s license or government ID.
No Criminal Record
You cannot have any criminal history record.
Meet Some of Our Real Surrogates
I appreciate all the Surrogate Steps team has done to help me through this journey. I have never once felt alone or out of place.
SurrogateLourdes
Working with Surrogate Steps has been such an amazing experience; they make everything so easy. I am so appreciative of every single person that has helped me at Surrogate Steps, and I am forever grateful for them and this experience.
Working with Surrogate Steps has been such an amazing experience; they make everything so easy. I am so appreciative of every single person that has helped me at Surrogate Steps, and I am forever grateful for them and this experience.
Surrogate Steps made it such an easy process from start to finish. They made sure everything was set up from traveling, hotels, embryo transfer, legal, and escrow accounts to delivery. Most of all they treated me like family even after my journey was over, it was like being part of a forever sisterhood.
Surrogate Steps made it such an easy process from start to finish. They made sure everything was set up from traveling, hotels, embryo transfer, legal, and escrow accounts to delivery. Most of all they treated me like family even after my journey was over, it was like being part of a forever sisterhood.
In addition to the above compensation, all required long-distance (greater than 50 miles) travel expenses will be purchased ahead or reimbursed for the carrier and their companion (ie. hotel, plane/train tickets, gas/car mileage). The carrier will also have a life insurance policy with a minimum benefit of $750,000.00 for a beneficiary designated by the Gestational Carrier and will also have all surrogacy-related healthcare expenses covered, including health insurance premiums and deductibles.
Surrogates can help just about anyone who needs help bringing a child into this world. In the world of surrogacy, all people gestational surrogates help are called Intended Parents (IPs). IPs come from various backgrounds but often fall into one or more of the below demographics:
Infertility
1 in 8 couples suffer from infertility and may not be able to get pregnant or carry a child to term.
Pregnancy Loss
5 out of every 1000 women suffer from recurrent pregnancy loss and may not be able to carry a child to term.
LGBTQIA+
All couples without female reproductive organs often need the help of surrogacy to have a child.
Hysterectomy
Those with a hysterectomy need a surrogate to have a biological child.
Single Dads
Using a surrogate is the only way a single father to be can have a biological child.
Other Medical Conditions
There are a number of medical conditions which make carrying a pregnancy impossible or too dangerous to consider.
Unique Living Situations
Some may require a surrogate to carry a child due to unique living situations.
Meet Some Real Parents We’ve Helped
Thank you for my two amazing miracles and for helping me achieve my dream to be a dad! Your dedicated team made all the difference, and I will forever be grateful to you!
Yifat listened to our concerns, and her and her team worked diligently to find us a match. Although it took some time, our ultimate match was perfect for our family and we are forever grateful for our carrier and the support Yifat and the team provided at all points along our journey. We highly recommend the Surrogate Steps family.
Working with Surrogate Steps was straightforward, easy, and professional. They facilitated key elements of the process, and perhaps most importantly, connected us to an amazing GC with whom we remain good friends.
Thank you so much! We are overjoyed at Dominic’s arrival and feel incredibly blessed to have been paired with Candace. That would not be possible without Surrogate Steps and could never begin to put our gratitude into words. I’ve attached a picture of our little guy!
Yifat listened to our concerns, and her and her team worked diligently to find us a match. Although it took some time, our ultimate match was perfect for our family and we are forever grateful for our carrier and the support Yifat and the team provided at all points along our journey. We highly recommend the Surrogate Steps family.
Working with Surrogate Steps was straightforward, easy, and professional. They facilitated key elements of the process, and perhaps most importantly, connected us to an amazing GC with whom we remain good friends.
Thank you so much! We are overjoyed at Dominic’s arrival and feel incredibly blessed to have been paired with Candace. That would not be possible without Surrogate Steps and could never begin to put our gratitude into words. I’ve attached a picture of our little guy!
Surrogacy is a life-changing experience for all involved. We works with you at every step, navigating the process, answering your questions, providing resources and referrals, and ensuring your comfort. These are the surrogate steps.
Stand up for yourself and ensure your independent lawyer writes into the contracts what you want, it might not get approved, but it will be discussed, and a compromise will be made. Also, it’s important for the surrogate to know they’re not responsible for fees associated with surrogacy.
Four Time SurrogateRachel Salazar Surrogate Journey Coordinator
NEVER do it just for the money; you will never get rich off this. Please make sure that your own family is complete. You never know if it will be your last pregnancy due to a complication. Have a good support system.
Research all you can so you know what to expect going into this. Also, have your specific journey in mind. What does it look like, and what do you want from it? Who do you want to help, what things are important to you in the journey, and when is it over?
Two Time SurrogateKaty BrownSurrogate Intake Coordinator
Stay organized (this will help with your medication schedule), communicate well with your agency and intended parents, and be mindful of your health!
Two Time SurrogateKadie HuffmanSurrogate Intake and Journey Coordinator
NEVER do it just for the money; you will never get rich off this. Please make sure that your own family is complete. You never know if it will be your last pregnancy due to a complication. Have a good support system.
Research all you can so you know what to expect going into this. Also, have your specific journey in mind. What does it look like, and what do you want from it? Who do you want to help, what things are important to you in the journey, and when is it over?
Two Time SurrogateKaty BrownSurrogate Intake Coordinator
Stay organized (this will help with your medication schedule), communicate well with your agency and intended parents, and be mindful of your health!
Two Time SurrogateKadie HuffmanSurrogate Intake and Journey Coordinator
1/1
The Surrogate Steps Promise
Guaranteed Compensation
Parents will fully fund an escrow account so you can be confident that you’ll get paid.
Birthing Choice
You’ll give birth with the doctor and hospital of your choice and have say whether or not the parents are allowed in the room with you.
No Out of Pocket Costs
Parents cover all necessary surrogacy related expenses with extras to improve your quality of life.
Ethical Guidance
Rest easy knowing we are a licensed surrogacy agency guided by a practicing reproductive and surrogacy law attorney in an otherwise unregulated industry.
Personalized and Knowledgeable Support
We work very closely with each and every one of our surrogates. You will be paired with one of our journey coordinators to guide you every step of the way throughout your journey. Our coordinators have all been surrogates themselves multiple times, and are very passionate and knowledgeable about surrogacy and are very excited to work with you.
When you start your journey as a surrogate, you are entering a strange new world with a lot at stake so it’s important for you to choose your surrogacy agency carefully.
Dozens of top fertility clinics refer intended parents to Surrogate Steps for a number of reasons.
We have top quality surrogates: our surrogates are screened using the American Society of Reproductive Medicine’s surrogacy standards by trained medical professionals before they are ever sent to clinics for approval.
Compassionate and highly experienced surrogate and parent coordinators: each and every one of our staff members is a repeat surrogate meaning they’ve successfully completed multiple surrogacy journeys. That means you’ll have a compassionate, empathetic, and highly experienced guide you can lean on at every step of the way.
Attorney Directed: Surrogate steps is directed by one of the leading legal experts in reproductive and surrogacy law, Yifat Shaltiel. As an attorney directed agency, our ethical standards are set high so you know you’ll always be treated fairly and honestly.
Fair and Competitive Compensation: You paid a competitive base salary of $40,000 with bonuses for major steps along the way including medical and legal clearance, medication start, completion of embryo transfer, maternity clothing bonus, health/gym club membership fees, nutrition courses, lost wages, lost wages for partner, life insurance, and so much more.
We are a Licensed Surrogacy Agency: surrogacy agencies are highly unregulated and are not required to be licensed, and lack checks and balances to ensure that surrogates are fully informed and that their rights are fully protected. Surrogate Steps is a fully licensed agency.
All of this means our surrogates are HAPPY HAPPY HAPPY that they chose to work with Surrogate Steps. In fact, over 80% of our surrogates come back to pursue additional surrogacies.
Are Surrogates Reimbursed for Surrogacy Related Expenses?
Yes, all reasonable and necessary expenses are reimbursed. All potential expenses are included as part of the surrogate’s compensation package as well as in the agreement between the surrogate and the intended parents.
Are Surrogates genetically related to the baby?
No, they are not. The embryo(s) that are transferred to our gestational carriers are created in IVF using eggs and sperm from the intended parents or donors.
Do Surrogates get to choose who they match with?
Yes. You are always in control of who you match with. We have families of all kinds who are looking for gestational carriers, including married heterosexual and homosexual couples, single parents, domestic and foreign couples, parents who are having their first child and those looking to grow or complete their family.
Have you ever had any parent change their minds and not take the baby?
Never.
How Long Does the Entire Surrogate Journey Take ?
Generally, it takes approximately 12-15 months from the time that you apply with our agency to the time you deliver. Of course, this is highly variable and depends upon many factors including how on top of the intake process you are, negotiations regarding the surrogacy agreement, the fertility clinic schedule and more.
What are the requirements to be a surrogate?
A surrogate must:
be between the ages of 23-41
be a non active smoke
Have no history of drug or alcohol abuse
Have 1 or more living children that they gave birth to
Have no serious pregnancy or birth complications from previous pregnancies
Not be on section 8 housing
Reside in a state other than Louisiana, Michigan, or Nebraska.
Be generally healthy and able to obtain medical clearance from your OBGYN and be approved for surrogacy from the intended parent’s fertility clinic
Have the support of your partner (if in a committed relationship) or family
What Makes a Good Surrogate
There isn’t necessarily one thing that makes a good surrogate, but good surrogates are usually:
Mature
Reliable and responsive
Have a strong birthing record (previous births with no complications)
Have a supportive family
Have a profound desire to help others
Who Do Surrogates Help?
Surrogates help all family types. Domestic and international. Heterosexual and homosexual. Married and Single. Those looking to have their first child and those looking to expand their family. And just about every other difference imaginable with one thing uniting them all, the profound desire for a baby in their life.
Who pays for the medical bills during surrogacy?
The intended parents are responsible for all costs related to the surrogacy journey, including medical bills for the fertility treatment, pregnancy, and delivery.
If the surrogate has health insurance, it will be reviewed to determine if it will cover medical bills associated with the surrogacy journey. If it does, the intended parents would pay for any deductible or co-pays the insurance requires.
If the surrogate does not have health insurance or if the health insurance does not cover medical bills relating to surrogacy, the intended parents will be responsible for all costs associated with obtaining and paying for a health insurance plan to cover your surrogacy-related medical bills.
Surrogacy is a beautiful but often intimidating process. No matter where you are in exploring the possibility of growing your family or becoming a surrogate, we are here to help!
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Parents
Do you work with same sex and LGBTQ+ Couples?
Absolutely! Surrogate Steps consultants are proud to work with same-sex couple and others in the LGBTQ+ community.
We aim to match you with a compassionate and caring surrogate who will understand your personalized individual needs and develop a trusting relationship with you.
Surrogate Steps consultants are aware of the particular attention to legal detail that is required when matching same-sex couples with a Surrogate. Surrogate Steps consultants work together with legal teams nationally and internationally to ensure that our Surrogate Mothers reside in States that are friendly to same-sex couples. This includes working with States that will allow both names of same-sex Intended Parents to be placed on their child’s birth certificate.
How are surrogate applicants screened?
Surrogates are screened based on a number of social, behavioral, socioeconomic, health, medical, and pregnancy-related factors in a multi-stage interview-like process. In addition, to form-based and phone/video-based interviews, surrogates have their medical records combed through by a trained nurse/medical professional, must obtain clearance from the OB for pregnancy/surrogacy, pass a medical exam by your fertility clinic, and undergo a background check as well as an in-person home study by a private investigator, a social worker, or a Surrogate Steps professional. Over 100 small details that could interfere with the physical aspect of pregnancy or the relationship between the surrogate and the intended parent or agency will automatically disqualify someone from becoming a surrogate.
Why do I need an attorney?
Surrogacy laws are complex and vary greatly by state and county. It’s important to work with an attorney to ensure that you get to keep your child and that your journey runs as smoothly as possible.
What are the requirements to become a surrogate/gestational carrier?
Surrogates must:
Be between the age of 23-41
Be in good health and receive medical clearance from their OB and your fertility clinic for pregnancy.
Demonstrate a high level of maturity, responsibility, and responsiveness
Have at least one previous successful pregnancy free of pregnancy or birth complications
Be a non-active smoker or and have no history of alcohol or substance abuse
Not be on section 8 housing
Have a strong support system
Reside in the United States (but not allowed to reside in Louisiana, Nebraska, or Michigan).
Why do women choose to become surrogates/gestational carriers?
Many people assume others become gestational surrogates for money, but this is almost never the case. Sure, money may be the thing that initially sparks someone’s interest in becoming a surrogate and be a factor in why someone ultimately becomes a surrogate, but it is never the primary reason someone becomes a carrier. That’s because those who are in it for “quick and easy” money quickly realize that being a surrogate is by no means easy money and drop out from the surrogacy process.
In almost all cases, those who ultimately become gestational carriers do so because they are incredibly compassionate people and have an overwhelming drive to help those in need. For example, many surrogates share that being pregnant is very easy for them, and they love being pregnant, but that they do not want more children, and would love to use their gift of fertility to help others in need. Other surrogates share that they have personally known someone who struggled with fertility, and realized that surrogacy is the only way for some people to have children, and they want to help others have children, and to give the gift of life.
What legal processes happen before and after the birth to ensure I get to keep the baby?
The process to ensure you get to keep your baby starts with our team coordinating and matching you with a surrogate in a state where the necessary legal work to finalize your parental rights can be accomplished.
You will also need to have wills in place prior to the embryo transfer that ensures a guardian is in place to care for your children in the event of your death.
Once you are matched, we will draft the gestational carrier agreement for you, which will then be negotiated between you and your independent attorney and the surrogate and their independent attorney.
Once the surrogate commences the second trimester of pregnancy, you will work with your attorney to commence and ensure your paternity rights. This will ensure that you are recognized as legal parents of your child and that you are able to make all medical and legal decisions on behalf of your child commencing at birth.
Will there be contracts with my surrogate?
Yes, both you and the surrogate will be required to sign a gestational carrier agreement.
A gestational carrier agreement is a contract between the intended parents and a gestational carrier (and her partner/spouse). The contract details each party’s rights, obligations, intentions, and expectations in connection with their arrangement.
The contract addresses topics including the location of delivery, future contact between the parties, parental rights, custody issues, control over medical decisions during the pregnancy, intended parents’ presence during delivery, payment of medical bills, liability for medical complications, health and life insurance, and more. Financial considerations, including the carrier’s compensation and reimbursements, including lost wages, child care, legal fees, maternity clothes, and more, are also addressed in the gestational carrier agreement.
The gestational carrier agreement is drafted by Yifat Shaltiel, Esq. of Surrogate Steps, but the intended parents and the gestational carrier must be independently represented by an attorney specializing in surrogacy law throughout the negotiation process of this contract. This ensures that all parties have a complete understanding of their rights and responsibilities to the other parties.
Both attorneys are compensated by the intended parents.
Will I need an attorney?
Yes, even though we are an attorney-directed agency, it is important to obtain independent counsel for some aspects of your journey. This is important for ethical reasons and to ensure both our surrogates and intended parents are treated fairly, ethically, and legally.
Still, we will always have your back. Prior to providing you with a surrogate profile, we will conduct a legal evaluation to ensure that the surrogate resides in a state with favorable laws that accommodate your family’s needs.
When it is time to work on your gestational carrier agreement, the legal contract between you and your surrogate, our director will draft your gestational carrier agreement and assist you with obtaining an attorney to represent you and a separate independent attorney to represent the surrogate in the review of the gestational carrier agreement.
We have a strong working relationship with all attorneys we recommend and are confident in their understanding of surrogacy law. You are, of course, free to find an attorney yourself, but our expert team will require the attorney to be independent, be experienced in surrogacy law, and have no conflict of interest.
Will I be able to take the baby home directly from the hospital?
Yes, everything will be worked out with the hospital and other required entities prior to the birth of your child so that you will be able to take your baby home directly from the hospital.
Will I be allowed in the delivery room during the birth?
Understandably, intended parents often wish to be in the labor and delivery room for the birth. This may be possible but depends on hospital policy as well as the surrogate’s comfort.
Following the birth of your child, the baby will join you in a room assigned to you or remain in the nursery. The parent is the first person to hold the child, other than medical professionals. Most hospital policies require that your child remains in the hospital until the surrogate has been discharged.
Which Fertility clinics do you work with?
We work with all fertility clinics in the United States. Most of the time, intended parents choose to continue their surrogacy journey with a fertility clinic they have already worked with. That said, we have connections with many of the top fertility clinics and are happy to provide referrals for a recommended clinic.
Where will my surrogate deliver my child?
All surrogates will deliver at a hospital near their home. Most of our surrogates have existing relationships with an OBGYN and will deliver at the same hospital where they gave birth to their own children or previous surrogacies.
Intended parents, understandably so, often wish to be in the labor and delivery room for the birth. This may be possible but depends on hospital policy as well as the surrogate’s comfort.
Following the birth of your child, the baby will join you in a room assigned to you or remain in the nursery. Most hospital policies require that your child remains in the hospital until the surrogate has been discharged.
Absolutely! Surrogate Steps consultants are proud to work with same-sex couple and others in the LGBTQ+ community.
We aim to match you with a compassionate and caring surrogate who will understand your personalized individual needs and develop a trusting relationship with you.
Surrogate Steps consultants are aware of the particular attention to legal detail that is required when matching same-sex couples with a Surrogate. Surrogate Steps consultants work together with legal teams nationally and internationally to ensure that our Surrogate Mothers reside in States that are friendly to same-sex couples. This includes working with States that will allow both names of same-sex Intended Parents to be placed on their child’s birth certificate.
How are surrogate applicants screened?
Surrogates are screened based on a number of social, behavioral, socioeconomic, health, medical, and pregnancy-related factors in a multi-stage interview-like process. In addition, to form-based and phone/video-based interviews, surrogates have their medical records combed through by a trained nurse/medical professional, must obtain clearance from the OB for pregnancy/surrogacy, pass a medical exam by your fertility clinic, and undergo a background check as well as an in-person home study by a private investigator, a social worker, or a Surrogate Steps professional. Over 100 small details that could interfere with the physical aspect of pregnancy or the relationship between the surrogate and the intended parent or agency will automatically disqualify someone from becoming a surrogate.
Why do I need an attorney?
Surrogacy laws are complex and vary greatly by state and county. It’s important to work with an attorney to ensure that you get to keep your child and that your journey runs as smoothly as possible.
What are the requirements to become a surrogate/gestational carrier?
Surrogates must:
Be between the age of 23-41
Be in good health and receive medical clearance from their OB and your fertility clinic for pregnancy.
Demonstrate a high level of maturity, responsibility, and responsiveness
Have at least one previous successful pregnancy free of pregnancy or birth complications
Be a non-active smoker or and have no history of alcohol or substance abuse
Not be on section 8 housing
Have a strong support system
Reside in the United States (but not allowed to reside in Louisiana, Nebraska, or Michigan).
Why do women choose to become surrogates/gestational carriers?
Many people assume others become gestational surrogates for money, but this is almost never the case. Sure, money may be the thing that initially sparks someone’s interest in becoming a surrogate and be a factor in why someone ultimately becomes a surrogate, but it is never the primary reason someone becomes a carrier. That’s because those who are in it for “quick and easy” money quickly realize that being a surrogate is by no means easy money and drop out from the surrogacy process.
In almost all cases, those who ultimately become gestational carriers do so because they are incredibly compassionate people and have an overwhelming drive to help those in need. For example, many surrogates share that being pregnant is very easy for them, and they love being pregnant, but that they do not want more children, and would love to use their gift of fertility to help others in need. Other surrogates share that they have personally known someone who struggled with fertility, and realized that surrogacy is the only way for some people to have children, and they want to help others have children, and to give the gift of life.
What legal processes happen before and after the birth to ensure I get to keep the baby?
The process to ensure you get to keep your baby starts with our team coordinating and matching you with a surrogate in a state where the necessary legal work to finalize your parental rights can be accomplished.
You will also need to have wills in place prior to the embryo transfer that ensures a guardian is in place to care for your children in the event of your death.
Once you are matched, we will draft the gestational carrier agreement for you, which will then be negotiated between you and your independent attorney and the surrogate and their independent attorney.
Once the surrogate commences the second trimester of pregnancy, you will work with your attorney to commence and ensure your paternity rights. This will ensure that you are recognized as legal parents of your child and that you are able to make all medical and legal decisions on behalf of your child commencing at birth.
Will there be contracts with my surrogate?
Yes, both you and the surrogate will be required to sign a gestational carrier agreement.
A gestational carrier agreement is a contract between the intended parents and a gestational carrier (and her partner/spouse). The contract details each party’s rights, obligations, intentions, and expectations in connection with their arrangement.
The contract addresses topics including the location of delivery, future contact between the parties, parental rights, custody issues, control over medical decisions during the pregnancy, intended parents’ presence during delivery, payment of medical bills, liability for medical complications, health and life insurance, and more. Financial considerations, including the carrier’s compensation and reimbursements, including lost wages, child care, legal fees, maternity clothes, and more, are also addressed in the gestational carrier agreement.
The gestational carrier agreement is drafted by Yifat Shaltiel, Esq. of Surrogate Steps, but the intended parents and the gestational carrier must be independently represented by an attorney specializing in surrogacy law throughout the negotiation process of this contract. This ensures that all parties have a complete understanding of their rights and responsibilities to the other parties.
Both attorneys are compensated by the intended parents.
Will I need an attorney?
Yes, even though we are an attorney-directed agency, it is important to obtain independent counsel for some aspects of your journey. This is important for ethical reasons and to ensure both our surrogates and intended parents are treated fairly, ethically, and legally.
Still, we will always have your back. Prior to providing you with a surrogate profile, we will conduct a legal evaluation to ensure that the surrogate resides in a state with favorable laws that accommodate your family’s needs.
When it is time to work on your gestational carrier agreement, the legal contract between you and your surrogate, our director will draft your gestational carrier agreement and assist you with obtaining an attorney to represent you and a separate independent attorney to represent the surrogate in the review of the gestational carrier agreement.
We have a strong working relationship with all attorneys we recommend and are confident in their understanding of surrogacy law. You are, of course, free to find an attorney yourself, but our expert team will require the attorney to be independent, be experienced in surrogacy law, and have no conflict of interest.
Will I be able to take the baby home directly from the hospital?
Yes, everything will be worked out with the hospital and other required entities prior to the birth of your child so that you will be able to take your baby home directly from the hospital.
Will I be allowed in the delivery room during the birth?
Understandably, intended parents often wish to be in the labor and delivery room for the birth. This may be possible but depends on hospital policy as well as the surrogate’s comfort.
Following the birth of your child, the baby will join you in a room assigned to you or remain in the nursery. The parent is the first person to hold the child, other than medical professionals. Most hospital policies require that your child remains in the hospital until the surrogate has been discharged.
Which Fertility clinics do you work with?
We work with all fertility clinics in the United States. Most of the time, intended parents choose to continue their surrogacy journey with a fertility clinic they have already worked with. That said, we have connections with many of the top fertility clinics and are happy to provide referrals for a recommended clinic.
Where will my surrogate deliver my child?
All surrogates will deliver at a hospital near their home. Most of our surrogates have existing relationships with an OBGYN and will deliver at the same hospital where they gave birth to their own children or previous surrogacies.
Intended parents, understandably so, often wish to be in the labor and delivery room for the birth. This may be possible but depends on hospital policy as well as the surrogate’s comfort.
Following the birth of your child, the baby will join you in a room assigned to you or remain in the nursery. Most hospital policies require that your child remains in the hospital until the surrogate has been discharged.