What intended parents and prospective surrogates should know when embarking on this exciting journey. Learn about five key legal considerations, including the impact on surrogacy of curtailed reproductive rights after the Dobbs v. Jackson Women's Health Organization decision by the U.S. Supreme Court.

1. EXPLORING
SURROGACY
5 Things Intended Parents and
Prospective Surrogates Should Know
Presented By

2. SURROGACY
IS A
PROFOUNDLY
MEANINGFUL
WAY TO
GROW YOUR
FAMILY.
Here are 5 things to know about
the surrogacy process.

3. It should address all aspects of the arrangement, including:
• Each party’s rights, duties, intentions and expectations
• Parental rights
• Medical decisions
• Compensation
• Coverage of costs
• Contingencies
• Pregnancy termination
• Selective reduction
1. THE SURROGACY CONTRACT IS
THE FOUNDATION FOR THE
ARRANGEMENT.

4. 2. THERE ARE NEW CHALLENGES TO
CONSIDER IN LIGHT OF THE DOBBS
DECISION.*
Termination of
pregnancy and selective
reduction (reducing the
number of fetuses in a
pregnancy) are
possibilities in every
surrogacy. Navigating
those decisions is more
complex in states where
abortion is limited,
banned or criminalized.
*Dobbs v. Jackson Women's Health Org., 213 L. Ed. 2d 545, 142 S. Ct. 2228 (2022).
*https://www.nbcnews.com/data-graphics/abortion-state-tracking-trigger-laws-bans-restrictions-rcna36199
Abortion Laws By State*

5. 3. THERE ARE MULTIPLE WAYS TO
STRUCTURE COMPENSATION FOR
THE SURROGATE.
• A trust account is established
and administered by an attorney.
• An escrow account is
established and administered by
a third party.
Intended parents should weigh each
of these options in light of factors
such as transparency, insurance and
bonding, reputation and experience.

6. SURROGATE COMPENSATION
PACKAGES VARY.
They should address all potential expenses and complications,
including:
Embryo transfer
Prenatal testing
Amniocentesis
Selective reduction
Childbirth complications
Maternity clothing
Breastmilk pumping
Wage replacement for the surrogate
Child care for the surrogate

7. 4. INTENDED PARENTS SHOULD
WEIGH THEIR INSURANCE
COVERAGE OPTIONS FOR THE
MEDICAL EXPENSES ASSOCIATED
WITH THE SURROGACY.
Those options include:
• Using the surrogate’s own insurance (if it covers surrogacy)
• Obtaining nontraditional insurance policies designed to cover
surrogacy
• Paying in cash if they have the financial means to do so
• Securing catastrophic coverage to mitigate the risk of paying
in cash
It’s also important for intended parents to secure medical
coverage for the baby.

8. 5. EXPERIENCED LEGAL
GUIDANCE IS CRITICAL.
Both surrogates and
intended parents
should have their own
legal counsel. It’s
important to choose a
legal team with
extensive experience in
the field of surrogacy
and fertility law.

9. © 2023 Fertility & Surrogacy Legal Group, APC. All rights reserved. Design and editorial services by FindLaw, part of Thomson Reuters.
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Fertility & Surrogacy Legal Group,
APC, provides nationwide
representation for surrogates,
intended parents and surrogacy
agencies. We focus exclusively on
reproductive law, providing up-to-
date guidance on this frequently
shifting legal landscape.
To learn more, read our free white
paper, “Surrogacy In A Post-Dobbs
World: Navigating Challenges and
Mitigating Risks.” Access Our Client Portal