Pros and Cons of Gestational Surrogacy

Gestational surrogacy is when a woman carries and delivers a baby for someone else. However, it is slightly different from traditional surrogacy, where a woman uses her own egg and is artificially inseminated. With gestational surrogacy, the woman is carrying a child that was conceived using the egg of the intended mother (or a donor), and sperm from the intended father (or a donor).

Considering surrogacy of either type is an emotionally charged decision and a complex legal process. It is crucial to weigh potential pros and cons, as well as contact an experienced family law attorney who can guide you through the process.

Who Might be a Good Candidate for Gestational Surrogacy?

Using a gestational surrogate may be ideal for women with certain problems like lack of a uterus or problems with their uterus. A woman who cannot safely carry a pregnancy to term would benefit from a gestational surrogacy. People who have tried other fertility treatments with no success may also look to surrogacy, as well as same-sex couples.

Potential Pros to Gestational Surrogacy

For many couples, the idea of gestational surrogacy is appealing as there is a genetic connection to both parents in most cases. Many surrogates say they prefer gestational surrogacy as there is a lessened risk of attachment to the baby.

Another pro to surrogacy is a higher success rate. Surrogate pregnancies typically have higher success rates due to continuing medical advances, especially when compared to fertility treatments for the intended parents to get pregnant naturally.

Despite this being a complex legal process, involving an experienced attorney removes much of the headache for the involved parties, who can then focus on the pregnancy itself. Having a knowledgeable Florida family law attorney on your side ensures you will get through the process efficiently and legally.

Because there is a legally binding contract involved in gestational surrogacy, there are little to no surprises. All expectations and legal obligations are outlined in the contract up front, so all involved parties know their roles and duties.

Florida law requires the gestational surrogate not be biologically related to the baby, which means the commissioning couple assumes immediate physical and legal custody of the child when it is born. However, some parents may choose to stay in contact with the surrogate and remain in each other’s lives long after the baby is born.

Potential Cons to Gestational Surrogacy

In vitro fertilization (IVF) is a necessary part of gestational surrogacy as the eggs from another person are utilized to create an embryo implanted in the intended surrogate. IVF is an expensive procedure and is often a cost-prohibitive factor for many couples trying to conceive naturally.

Florida law requires that anyone entering a gestational surrogacy agreement be a married couple. If you are a single female or male, or an unmarried couple looking at gestational surrogacy options, you will not qualify in Florida.

When it comes to the pregnancy itself, the intended surrogate has to undergo a pretty complex process to get ready for the pregnancy, which can include hormone injections to suppress her own ovulation cycle. She must abstain from sex, spend a lot of time getting blood tests to check hormone levels, etc.

Obtaining insurance that covers a surrogate pregnancy is often difficult. That means verifying any potential exclusions on maternity coverage is critical. Intended parents may have to purchase a supplemental and secondary policy to cover the surrogate in some cases. Even if the surrogate has kept her legal obligation to maintain maternity coverage, the intended parents can still be on the hook for many non-covered expenses, making surrogacy an even more expensive process.

Importance of Working with an Experienced Florida Family Law Attorney

If you are considering gestational surrogacy as a method of having a biological child, you need to ensure the rights of all parties are represented and protected. Please contact West Palm Beach family law attorney William Wallshein for a free consultation.