Navigating Independent Surrogacy

Independent surrogacy arrangements forego the use of a surrogacy agency, and may be a more affordable option. Intended parents may have a friend, relative, or other connection to someone who could be a potential gestational carrier. When an agency is not involved, the intended parents will have to take on a more active role in managing the process. An experienced surrogacy attorney will provide guidance along the way, making sure that all necessary topics are thoroughly addressed.

1. Creating embryos

   • Unless you are pursuing traditional surrogacy, the first step is usually to create your embryos. This could involve a couple using their own sperm and eggs, donor sperm/eggs, or even donated embryos.

2. Screening

   • The IVF clinic will help guide the screening process, which includes psychological assessments and medical evaluations. Once these are completed, the clinic provides “medical clearance”, which means that the legal process may begin.

3. Insurance

   • It is highly advisable to engage a surrogacy insurance expert to review the surrogate’s health insurance policy to make sure there are no exclusions for surrogacy-related medical care. If necessary, the insurance broker can help obtain a new health insurance policy.

   • It is standard to obtain a life insurance policy for the surrogate as well. Other insurance products, such as bed rest policies that offer wage replacement, may be available as well.

4. Escrow Account

   • Most surrogacy arrangements utilize an escrow account, which holds and disburses funds according to the surrogacy contract. This provides security to surrogates by ensuring that the anticipated payments and reimbursements are readily available, and relieves intended parents of having to send frequent reimbursements directly.

5. Independent Counsel

   • California law requires that each party has independent legal counsel during the surrogacy contract phase. It is customary for the intended parents to pay for all legal fees, which is allowable under ethical rules provided that all parties consent.

6. Legal Clearance

   • The legal process culminates with “legal clearance” which is a letter sent by the intended parents’ attorney to the IVF Clinic after the contract has been signed and notarized. After legal clearance, the embryo transfer procedure can be scheduled.

Tarnoff Family Formation, PC has extensive experience assisting clients with independent surrogacy arrangements. We can provide referrals for psychologists, insurance brokers, escrow companies, and attorneys who can represent the surrogate. We invite you to contact us to discuss independent surrogacy.