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| Who's in Charge of this Pregnancy? | Any future mother is usually extremely eager for any reasonable information and advice, which has anything to do with the best ways of managing her pregnancy for the ultimate health and well – being of her future baby. To general resources for all kind of information like this may be included the future mother’s obstetrician or gynecologist, specific books, news articles, programs and advice from friends and relatives. From this entire patch information system, the future mother devises her foolproof strategy to carry and deliver the most beautiful and the healthiest baby. In order this dream of her come true, she will avoid alcohol, cigarettes, harmful drugs, strenuous physical activity during the last pregnancy semester, mercury – laden fish, cat litter, etc. The woman will conduct a thorough monitoring of herself, and this all is necessary to do, as she has the greatest interest in all her efforts to be successful and in the health of her future baby. As only the child is about to arrive, usually the expectant mother is calm, as she is practically sure, that she has done everything possible to deliver a healthy and beautiful child.
However, what if the woman, who is expecting a baby to arrive, is one of the participants of the surrogacy agreement? What if this woman is the Surrogate Mother? In this case these are the future Intended Parents, who have the strongest interest in the ultimate outcome of the pregnancy as well as in the health of the child, which is expected by their Surrogate Mother. And what about the Surrogate Mother? Usually this woman has the only direct control over what external factors as well as substances may actually influence the pregnancy and the child. In addition, the Surrogate Mother has sole control over whether and under which circumstances the pregnancy will proceed to full term, where and how the baby will be delivered and who will have access to the delivery room and to the baby in the hospital. The Intended Mother’s possible frustration at not keeping the behavior of the Surrogate Mother under control, especially if she is afraid of that the Surrogate Mother’s behavior may be harmful the child is considered to be the only most likely reason of potential conflict between the participants of any surrogacy agreement during the Surrogate Mother’s pregnancy term. As a rule at the central point of many surrogacy agreements stands the negotiation and enforcement of the agreement between the couple of the Intended Parents and their Surrogate Mother as for these sensitive and extremely important issues. There are the most common issues addressed one at a time.
First. The participants of any surrogacy agreement are to agree as to who will choose the obstetrician / gynecologist of the Surrogate Mother. This doctor is usually defined as “Attending Physician” in the surrogacy agreements. This is the person, who determines the application as well as the possible outcome of numerous issues, which influence the pregnancy either directly or indirectly. For example, it is the Attending Physician, who determines such issues as:
• whether some certain predictive tests (such as amniocentesis, etc.) are necessary to be conducted during the pregnancy;
• whether the fetus or Surrogate Mother are at any risk to recommend early termination of the pregnancy (this may possibly entitle the Surrogate Mother to receiving partial prorated compensation);
• whether bed rest is necessary to protect the pregnancy (thereby possibly triggering lost wage reimbursement provisions), etc.
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