Surrogacy Overview

Mr. Eskin has prepared two reviews on the topic of surrogacy. One is available here below while the other is located on the web's premiere surrogacy site, surrogacy.com. This second surrogacy Questions & Answers section can be accessed simply by pressing here.  

Surrogacy, from the legal perspective, is defined as having a woman carry a child through pregnancy on the behalf of another couple. Upon birth, that child would be the legal child of the “intended parents” (sometimes referred to as the “commissioning couple”).  

There are two basic types of surrogacy.  Traditional Surrogacy is where the child born for the intend couple is genetically related to the intended father and is the biological child of the surrogate. While this sounds complicated, as legal verse can sometimes appear, the husband of the intended couple provides the sperm which is placed into the surrogate, usually though insemination techniques, when the surrogate herself is ovulating. The wife of the intended couple does not contribute genetic material in this type of surrogacy arrangement.

The second type of surrogacy is Gestational Surrogacy. Gestational surrogacy is made possible through advances in advanced reproductive technologies (ART). This type of surrogacy is achieved when the eggs of the intended mother are mixed with the sperm of the intended father, fertilized and finally implanted into a woman, the gestational surrogate.  The surrogate has no genetic contribution to the child and solely carries and delivers the child through pregnancy. Gestational surrogacies are medically more complicated and expensive (requiring in vitro fertilization) but are legally simpler and relatively free of significant risk from the perspective of the intended parents.

Examination of all parties by physicians and a qualified mental health professional is necessary to confirm physical and emotional compatibility.  It takes a minimum of two months to match a surrogate with the intended couple to start the medical procedures to establish a pregnancy. 

The costs involving a surrogacy are dependent upon the type of procedure, the needs of the parties and means of the intended parents. In Florida, the surrogate may not be paid a specific fee, however the surrogate can be paid reasonable living expenses during the length of the pregnancy and post-partum periods. Ranges for such expenses are between $0 (for surrogates who are related or close friends) to $20,000.  Other expenses related to medical costs can also widely range from a couple thousand dollars (for artificial inseminations and pre-testing) to over $10,000.00 for more complicated procedures such as in vitro fertilization /embryo transfer.

The legal/escrow services provided by the law offices of Harold S. Eskin, P.A., often range from $1500.00 to $5,000.00, depending upon the complications involved, while most cases have been set at $2500.00.  Attorney fees for the surrogate usually range from $500.00 to $1500.00.

There are often other costs related to the pregnancy, delivery, health insurance and life insurance.  Other incidental expenses are also sometimes considered between the intended couple and surrogate and vary from agreement to agreement.

 Consultations with qualified medical and legal professionals are necessary to determine the appropriate route for each couple.