Throughout history surrogacy has always been a complicated legal process; With the rise of surrogacy as a viable option to help individuals and couples complete their dreams of becoming a family, it has become a necessity for the laws to expand to ensure the rights of the surrogate are protected and respected just as much as the rights of the intended parents. Because a surrogate is giving both her time and energy to what can be a very physically demanding process in order to help others it is important that their rights are specifically outlined in the surrogacy agreement.

During the surrogacy process documents protecting the right of all parties are signed well before pregnancy, these documents outline the rights of the surrogate and the intended parents, the expectations of both parties and all financial expectations and benefits. It also outlines who is responsible for decisions in the event of unforeseen circumstances and complications.

So, what are the Surrogate’s rights?

During the surrogacy process documents protecting the right of all parties are signed well before pregnancy, these documents outline the rights of the surrogate and the intended parents, the expectations of both parties and all financial expectations and benefits. It also outlines who is responsible for decisions in the event of unforeseen circumstances and complications.

Because surrogacy includes both the intake of medicine to facilitate the process as well as many complicated and serious medical procedures there are unquestionable rights for the surrogate that are protected and upheld throughout the process by way of the surrogacy contract.

  • The surrogate has the absolute right to make decisions regarding herself as well as the pregnancy, more specifically the surrogate has the right to terminate the pregnancy at anytime should she choose to do so, and the same works in reverse where the intended parents wish to end the pregnancy; the surrogate is free to choose the alternative and continue the pregnancy.

To avoid any potential complications in this area it is important that the surrogate and intended parents work together to ensure that all parties are in agreeance and on the same page regarding what would happen in the event of complications and unforeseeable circumstances should they arise.

  • The surrogate has the absolute right to be informed about all medical procedures that she has to forgo and the medicine that she will have to take, both what the medicine is for as well as any possible side effects that could be a result.
  • The surrogate has the right to health insurance, at no cost to her. Should the surrogate have surrogate compatible health insurance she has the right to be compensated for the use of that insurance.
  • The surrogate has the right to be medically examined at no cost to her, as well as to seek free medical support should she experience any side effects as a result of the medication or procedures. The surrogate also has the right to visit the doctor regularly throughout the process with no cost to her.
  • The surrogate has the right to seek psychological help during pregnancy as needed without bearing the cost on herself.
  • The surrogate has the right to receive the monetary compensation as set out in her contract, and in the timeline agreed to by both parties.
  • In the case that a surrogate agrees to carry a child for a couple that has HIV or Aids she is entitled to consult an infectious disease doctor to be fully informed about the possible risks to her health.