Frequently Asked Questions
Surrogacy Questions
What is Surrogacy?
Surrogacy is an arrangement, often supported by a legal agreement, wherein a woman (the surrogate) agrees to become pregnant and give birth to a child for another person or couple who will become the child’s parent(s) after birth. People may choose surrogacy as an option for many reasons.
Some cannot conceive or carry a pregnancy to term. Others may have medical reasons. This can include couples facing infertility, same-sex couples, and any single individual seeking to have children.
There are two main types of surrogacy: Traditional (where the surrogate is the biological mother) and Gestational (where the surrogate has no biological ties to the baby). At Les Petits Surrogacy we only focus on Gestational Surrogacy.
Gestational Surrogacy – Gestational surrogacy involves the implantation of an embryo created via in vitro fertilization (IVF), using the egg and sperm of the intended parents or donors. The gestational surrogate has no biological or genetic ties to the child, as the egg and sperm used to create the embryo are not hers. This is the most common type of surrogacy and often preferred due to its clear separation of biological and gestational roles, which can simplify the legal situation regarding the parentage of the child.
Surrogacy requires careful consideration and planning, including legal arrangements that respect the rights and responsibilities of all parties involved. It is important for those considering surrogacy to consult with legal and medical professionals to navigate the complex aspects of this process.
What do I Need to Know About Surrogacy?
Overall, being a surrogate offers the opportunity to make a profound impact on the lives of others while experiencing amazing growth and fulfillment. While it’s a unique and rewarding journey filled with love, surrogacy can be filled with questions and misconceptions. We’ve worked to address many of them here.
Can I still work and be a surrogate too?
Many surrogates work, go to school and may be raising a family at the same time.
Will I be related to the baby?
At Les Petits Surrogacy we only focus on gestational surrogacy. In this type of surrogacy there are no genetic ties to the baby and you will not be related to the child.
What can I expect during the process?
There are many steps to the surrogacy process and it’s often best to take each one a step at a time. We’re here to help you navigate each one and we pride ourselves on making each step as clear as possible. We’re also aware of the challenges along the way and will work with you to overcome any obstacles.
To help understand what’s involved you’ll want to familiarize yourself with your surrogacy journey.
What financial compensation can I expect?
The compensation for gestational surrogates can vary depending on various factors such as location, agency fees, medical expenses, and any additional compensation for specific circumstances or requirements. However, a typical compensation package for gestational surrogates in the United States may include the following breakdown:
- Base Compensation: This is the core compensation paid to the gestational surrogate for carrying the pregnancy to term. The base compensation can vary widely but often ranges from $55,000 to over $100,000. Factors such as the surrogate’s experience, location, and agency fees may influence the base compensation amount.
- Extras: Gestational surrogates receive a monthly allowance to cover additional expenses related to pregnancy and additional allowances for items such as maternity clothing, prenatal vitamins, wellness and travel to medical appointments. The monthly allowance typically ranges from $300 or more per month.
- Medical Expenses: The intended parents cover all medical expenses associated with the surrogacy journey, including prenatal care, fertility treatments, labor and delivery costs, and any necessary medical procedures. These expenses are separate from the base compensation and can vary depending on the surrogate’s health insurance coverage and specific medical needs.
- Insurance Coverage: In some cases, the intended parents may also provide health insurance coverage for the gestational surrogate to cover medical expenses related to the pregnancy and childbirth. If the surrogate does not have adequate insurance coverage, the intended parents may purchase a surrogacy friendly insurance policy.
- Lost Wages: Gestational surrogates may receive compensation for any lost wages or income due to time off work for medical appointments, pregnancy-related restrictions, and recovery after childbirth. The amount of lost wages compensation varies depending on the surrogate’s individual circumstances and may be negotiated as part of the overall compensation package.
- Additional Compensation: Depending on the surrogacy arrangement, gestational surrogates may receive additional compensation for specific circumstances, requirements or requests. For example, surrogates may receive extra compensation for carrying multiples (e.g., twins or triplets), adhering to an organic diet, undergoing a cesarean section, or experiencing pregnancy-related complications.
Compensation is typically outlined in a legal contract between the surrogate and the intended parents, and it’s essential for both parties to fully understand and agree to the terms before proceeding with the surrogacy journey. Additionally, compensation amounts and breakdowns may vary in different states and countries where surrogacy is practiced.
What rights do I have?
Overall, surrogates have rights that are intended to protect their well-being, autonomy, and dignity throughout the surrogacy journey. It’s essential for surrogates to be fully informed, supported, and empowered to make decisions that align with their values and preferences.
At Les Petits Surrogacy each surrogate’s needs, preferences, and well-being, are honored and respected. We take special pride in ensuring our surrogate’s rights. Typical surrogacy rights span:
Autonomy and Choice: Within surrogacy, our surrogates are empowered with autonomy. They are able to embrace the path that feels aligned with their desires, choosing the intended parents who resonate with them.
Guided by Informed Consent: Our surrogates are steeped in knowledge. Every step of the surrogacy process is shared, illuminating the journey ahead with awareness.
Screening and Matching: Surrogates undergo thorough screening processes to ensure they are physically, emotionally, and psychologically prepared for surrogacy. We also guide our surrogates through the matching process every step of the way. They actively participate in the matching process including the opportunity to review profiles of intended parents and the selection process.
Communication and Support: Surrogates have the right to open and transparent communication with the surrogacy agency or intended parents. They should receive adequate support, counseling, and guidance throughout the surrogacy journey, including access to mental health professionals.
Legal Protections: Surrogates have legal rights and protections outlined in surrogacy contracts. These contracts should clearly define the rights, responsibilities, and expectations of all parties involved, including compensation, medical care, and any potential contingencies. All surrogates need to consult an attorney in their state.
Healthcare and Well-being: Surrogates have the right to receive quality healthcare and medical support throughout the surrogacy process. This includes regular prenatal care, monitoring of their health and the health of the baby, and access to medical resources if complications arise.
Financial Compensation and Benefits: Surrogates have the right to fair and reasonable financial compensation for their time, effort, and the physical risks associated with surrogacy. Compensation should cover medical expenses, lost wages, and other related costs, as well as additional compensation for the surrogate’s time and commitment.
Respect and Dignity: Surrogates have the right to be treated with respect, dignity, and empathy by all parties involved in the surrogacy process. They should not be subjected to coercion, pressure, or exploitation, and their decisions and boundaries should be honored at all times.
What are the State Requirements?
It takes a special woman to qualify as a surrogate. Surrogates must live in surrogate-friendly states. A friendly state is one that has laws recognizing surrogacy and protecting all parties. Other qualifications may vary in different states. In general, here’s what you need to qualify.
- Citizenship: Must be a U.S. citizen or legal resident.
- Age Requirements: Must be between 21 and 40 years old.
- Pregnancy History: Must have had at least one full-term pregnancy without complications and be raising your child.
- C-section Limit: Must have had no more than two C-sections.
- Termination and Reduction: Must be comfortable leaving all decisions regarding termination and reduction up to Intended Parent(s).
- Residency: Must reside in a state that is supportive of surrogacy (refer to provided surrogate-friendly state map).
- Health Criteria: Must have a healthy Body Mass Index (BMI) of 32 or less (check your BMI using the provided calculator).
- Medication Restrictions: Cannot be taking any medication for anxiety or depression, as these could pose risks during pregnancy and recovery.
- Smoking and Exposure: Must be a non-smoker and not exposed to second-hand smoke, including vaping and medical marijuana.
- Drug Use: Must not use illegal drugs or have a history of illegal drug use.
- Financial Independence: Cannot be heavily dependent on any federal or state financial assistance.
- Criminal Background: Must have no criminal record.
- Financial Stability: Must be financially stable.
- COVID-19 Vaccination: There is no requirement to be vaccinated against COVID-19.
These stringent requirements ensure that surrogates are physically and emotionally equipped to handle the demands and responsibilities of carrying a pregnancy for someone else.
Where is Surrogacy Permitted?
Surrogacy regulation in the U.S. largely depends on individual state laws where the surrogate resides making the process complex, especially across state lines. Surrogacy laws are also quite new and subject to frequent changes.
Les Petits Surrogacy keeps up many changes but we advise surrogates and intended parents alike to discuss all applicable laws with their attorney during the legal phase for the latest changes and implications.
Most Surrogacy-Friendly States in the U.S. States such as California, Colorado, Connecticut, D.C., Delaware, Idaho, Maine, Michigan, New Hampshire, New Jersey, Nevada, Pennsylvania, Rhode Island, Vermont, and Washington are known for their surrogacy-friendly laws. These states allow surrogacy for all parents, enable both parents to be named on the birth certificate, and facilitate pre-birth orders to establish legal parentage before the child’s birth.
States Where Caution Is Advised or Surrogacy is Prohibited
Surrogacy isn’t legal in all U.S. states, such as Louisiana. In other states, legal hurdles may exist or surrogacy may not be advised.
If You are Intended Parents in an Unfriendly Surrogate State
If you live in a state where surrogacy is banned or fraught with legal difficulties, there are still numerous options available. Many intended parents from less surrogacy-friendly states choose to engage surrogates from states with more favorable laws. Surrogacy agencies often have a broad network of surrogates across various states, and consulting with a surrogacy specialist can help clarify the best approach for your family-building journey.
How Do I Apply to be a Surrogate?
Applying is easy. Simply take this preliminary quiz to see if you qualify to become a surrogate. Upon submission of your form, Rebecca will contact you to schedule your initial consultation. After your consultation and upon approval to proceed you’ll fill out an in-depth application which will be used to start your matching process with couples seeking to be Intended Parents.
You can also learn more about the surrogacy process and timeline whenever you’re ready!
How does the process of matching Surrogates with Intended Parents work?
Before a match is made, Surrogates undergo a multitude of thorough clinical, social, and psychological evaluations to assess their suitability for the surrogacy process and to identify their preferences. Similarly, Intended Parents are interviewed to understand their expectations and preferences. We evaluate potential matches based on specific criteria ranging from core values to expectations, medical history, and other criteria.
What evaluations and screenings are necessary for individuals considering becoming a Surrogate?
Individuals considering surrogacy must undergo comprehensive medical screenings to determine their overall health and their ability to carry a pregnancy. These screenings include tests for pre-existing conditions, diseases, assessments of general health, and assessments of reproductive health. Psychological evaluations are conducted to ensure readiness for the surrogacy journey ahead. Background checks confirm the character of all individuals considering surrogacy.
What is the typical timeline for the surrogacy process?
Surrogacy generally spans anywhere from a little over one year to 18 months from the initial consultation to the birth of the baby. This timeline includes the matching process, medical and psychological screenings, legal contracts, embryo transfer, pregnancy, and birth.
What compensation can I expect as a Surrogate?
The compensation for gestational surrogates can vary depending on various factors such as location, agency fees, medical expenses, and any additional compensation for specific circumstances or requirements. However, a typical compensation package for gestational surrogates in the United States may include the following breakdown:
- Base Compensation: This is the core compensation paid to the gestational surrogate for carrying the pregnancy to term. The base compensation can vary widely but often ranges from $55,000 to over $100,000. Factors such as the surrogate’s experience, location, and agency fees may influence the base compensation amount.
- Extras: Gestational surrogates receive a monthly allowance to cover additional expenses related to pregnancy and additional allowances for items such as maternity clothing, prenatal vitamins, wellness and travel to medical appointments. The monthly allowance typically ranges from $300 or more per month.
- Medical Expenses: The intended parents cover all medical expenses associated with the surrogacy journey, including prenatal care, fertility treatments, labor and delivery costs, and any necessary medical procedures. These expenses are separate from the base compensation and can vary depending on the surrogate’s health insurance coverage and specific medical needs.
- Insurance Coverage: In some cases, the intended parents may also provide health insurance coverage for the gestational surrogate to cover medical expenses related to the pregnancy and childbirth. If the surrogate does not have adequate insurance coverage, the intended parents may purchase a surrogacy friendly insurance policy.
- Lost Wages: Gestational surrogates may receive compensation for any lost wages or income due to time off work for medical appointments, pregnancy-related restrictions, and recovery after childbirth. The amount of lost wages compensation varies depending on the surrogate’s individual circumstances and may be negotiated as part of the overall compensation package.
- Additional Compensation: Depending on the surrogacy arrangement, gestational surrogates may receive additional compensation for specific circumstances, requirements or requests. For example, surrogates may receive extra compensation for carrying multiples (e.g., twins or triplets), adhering to an organic diet, undergoing a cesarean section, or experiencing pregnancy-related complications.
Compensation is typically outlined in a legal contract between the surrogate and the intended parents, and it’s essential for both parties to fully understand and agree to the terms before proceeding with the surrogacy journey. Additionally, compensation amounts and breakdowns may vary in different states and countries where surrogacy is practiced.
What legal considerations should individuals be aware of regarding surrogacy?
Individuals considering surrogacy should be aware of the legal intricacies involved. California’s laws provide clarity on surrogacy but navigating the legal landscape can be complex. Understanding aspects related to parentage, rights, and compensation is crucial. California laws safeguard the rights of both Surrogates and Intended Parents, ensuring that the Intended Parents are legally recognized as the child’s parents. Additionally, Surrogates should be familiar with legal requirements regarding compensation, which must be reasonable and agreed upon before the surrogacy arrangement commences.
What are the potential risks and complications associated with surrogacy?
Surrogacy involves inherent risks and potential complications. Medical risks may include, but are not limited to, conditions such as gestational diabetes, preeclampsia, and the possibility of requiring a cesarean section. There are also psychological risks including postpartum depression and emotional challenges associated with carrying a child for another individual or couple. Comprehensive support is provided throughout the surrogacy journey to address these challenges, offering guidance, support, and resources.
Intended Parent Questions
How long does the surrogacy process take?
The surrogacy process typically takes around 13 to 18 months from the initial consultation to the birth of your child. However, each case is unique, and factors like legal requirements, medical screenings, and matching with a surrogate can affect the timeline.
How long does it take to match with a Surrogate?
Matching with a surrogate can take anywhere from a few weeks to several months. Les Petits Surrogacy works diligently to find the perfect match for you, considering your preferences and compatibility factors.
How much does surrogacy cost?
Surrogacy costs vary depending on several factors such as medical expenses, legal fees, agency fees, and surrogate compensation. On average, the total cost can range from $150,000 to $250,000 or more.
Which states are Surrogate friendly?
Surrogacy regulation in the U.S. largely depends on individual state laws where the surrogate resides making the process complex, especially across state lines. Surrogacy laws are also quite new and subject to frequent changes.
Les Petits Surrogacy keeps up many changes but we advise surrogates and intended parents alike to discuss all applicable laws with their attorney during the legal phase for the latest changes and implications.
Most Surrogacy-Friendly States in the U.S. States such as California, Colorado, Connecticut, D.C., Delaware, Idaho, Maine, Michigan, New Hampshire, New Jersey, Nevada, Pennsylvania, Rhode Island, Vermont, and Washington are known for their surrogacy-friendly laws. These states allow surrogacy for all parents, enable both parents to be named on the birth certificate, and facilitate pre-birth orders to establish legal parentage before the child’s birth.
States Where Caution Is Advised or Surrogacy is Prohibited
Surrogacy isn’t legal in all U.S. states, such as Louisiana. In other states, legal hurdles may exist or surrogacy may not be advised.
If You are Intended Parents in an Unfriendly Surrogate State
If you live in a state where surrogacy is banned or fraught with legal difficulties, there are still numerous options available. Many intended parents from less surrogacy-friendly states choose to engage surrogates from states with more favorable laws. Surrogacy agencies often have a broad network of surrogates across various states, and consulting with a surrogacy specialist can help clarify the best approach for your family-building journey.
Do Intended Parents need to live in a Surrogate friendly state?
No, intended parents do not need to reside in a surrogate-friendly state. What matters is where the Surrogate lives.
States such as California, Colorado, Connecticut, D.C., Delaware, Idaho, Maine, Michigan, New Hampshire, New Jersey, Nevada, Pennsylvania, Rhode Island, Vermont, and Washington are known for their surrogacy-friendly laws. These states allow surrogacy for all parents, enable both parents to be named on the birth certificate, and facilitate pre-birth orders to establish legal parentage before the child’s birth.
Les Petits Surrogacy can help navigate the legal aspects regardless of your location, ensuring a smooth process.
Why do I need a Surrogacy Agency?
Surrogacy is a complex journey that can be overwhelming and requires clarity for each of the areas involved. Les Petits Surrogacy offers a level of security that can only be achieved with a reputable agency. From the process itself to legal, medical, and emotional aspects, Les Petits Surrogacy provides the expertise and support needed to navigate this process smoothly. We are experts in matching you with a surrogate to assisting with the intricacies of legal, medical and financial matters, ensuring a positive experience for all involved.
How does Les Petits find Surrogates?
Our primary source of Surrogates comes from deep relationships we have in the industry. Most of our Surrogates come from direct referrals. Other sources include social media and our website. All of our Surrogates are required to go through a highly rigorous screening process to ensure we are delivering the best possible Surrogates.
How are Surrogates screened?
Surrogates undergo thorough screening processes, including medical evaluations, psychological assessments, and background checks. Les Petits Surrogacy ensures that all surrogates meet strict criteria for health, emotional stability, and suitability for the surrogacy journey. Learn more about our screening process here.
What communications are expected between Surrogates and Intended Parents?
Communication between Surrogates and Intended Parents is essential throughout the surrogacy journey. Typically, regular updates, meetings, and mutual support are encouraged to foster a positive relationship and ensure everyone’s needs are met.
How do you handle escrow funds?
Escrow funds, which cover Surrogate compensation and other expenses should only be managed by a third-party escrow company for your protection. Les Petits Surrogacy will facilitate this process and make recommendations accordingly. We have several companies in our network with proven experience handling escrow funds specifically for surrogacy.
No matter who you select, you’ll want to check they have the proper license, insurance and contingency planning. At Les Petits Surrogacy we work to make sure there is transparency and security for all parties involved.
Can Intended Parents Use an Attorney?
Yes, Intended Parents must use an attorney specializing in reproductive law to navigate legal aspects such as contracts, parental rights, and birth certificates. Les Petits Surrogacy has numerous, experienced surrogacy attorneys you can work with throughout the surrogacy journey to address these challenges, offering guidance, support, and resources.
Does Les Petits Surrogacy have In-house Attorneys?
No we don’t. It’s in your best interest to work with attorneys that have no direct connection to Les Petits Surrogacy in order to ensure their objectivity and to eliminate any bias. Les Petits Surrogacy works with experienced specializing in reproductive law to provide comprehensive legal support throughout the surrogacy journey. We make referrals to be sure you are assured the best possible legal advice
What is the best way to choose an egg donor?
Yes, Intended Parents must use an attorney specializing in reproductive law to navigate legal aspects such as contracts, parental rights, and birth certificates. Les Petits Surrogacy has numerous, experienced surrogacy attorneys you can work with. throughout the surrogacy journey to address these challenges, offering guidance, support, and resources.
What is ART?
ART stands for Assisted Reproductive Technology, which includes medical procedures used to achieve pregnancy, such as in vitro fertilization (IVF) and embryo transfer.
What is IVF?
IVF, or in vitro fertilization, is a fertility treatment where eggs are retrieved from the ovaries, fertilized with sperm in a laboratory, and then the embryo is implanted into the uterus.
What is an ED?
In the context of surrogacy, ED typically stands for Egg Donor, referring to a woman who provides eggs for use in assisted reproductive procedures.