Insurance. There are two types of insurance, when the issue of surrogacy is considered: medical insurance and life insurance. Life insurance first, as in most cases the intended parents secure a life insurance policy for the surrogate mother paid to a beneficiary of her choice. This is so – called “help make up for it” if it happened, that he surrogacy mother died in the result of her getting involved into the surrogacy agreement. There are even cases, when the couples of intended parents receive some compensation paid on the surrogate mother’s death to themselves, so, that they would be able to start all over again, if they have to and wish with another surrogate mother.
Taking medical insurance into consideration, the surrogate mothers, who have it usually go on with paying their own premiums, however the surrogate mothers who do not, are to look for insurance, which covers the pregnancy with the intended parents paying the premiums. Anyway, the person / people, responsible for all these premiums, as well as responsible for anything, which is not paid by the insurance, for example in case if the insured decides for some reason not to cover the surrogate mother are to be stipulated in the surrogacy contract.
Screening: the surrogacy contract is to contain the information about types of screening both participants of the given surrogacy agreement are to go through. Who pays for the screening is also to be mentioned, as well as what happens in case if one of the participants does not pass the screening.
Important considerations: this is the most appropriate term, which involves the following cases:
• What will the participants of the surrogacy agreement do in case of multiples;
• How many would be “too many”?
• In case if there is “too many”, then will the selective reduction procedure will be applied?
• What things is the surrogate mother to agree to during her pregnancy term, for example will she have to ask her doctor’s advice before taking some medications, should she abstain from sexual intercourse for any period of time, keep to some restricted diet, etc.?
• Who will be responsible for making medical decisions during the pregnancy term?
• Will the surrogate mother be required to attend counseling paid for by the couple of intended parents? In case if yes, how often will she have to attend this counseling?
• If case of birth defects, will the abortion be performed? This is the issue, where no surrogacy contract would have any legal footing, simply because nobody can make / prevent a surrogate mother have an abortion, if she chooses, however, it would be extremely useful to have this mentioned in the surrogacy contract, as it might serve as an excuse to get both participants talking and get there feelings in the open.
• In case of case of the death of the intended parents during the surrogacy mother’s pregnancy, the following questions are to be mentioned in the surrogacy agreement:
• Who will take custody of the child, arrived in the result of this surrogacy agreement?
• Who gets responsible for all the costs, which are related to this surrogacy agreement?
• If there were any frozen embryos, what could be done with them?
Custody. It is to be stated that the surrogate mother does agree to relinquish custody of the child right after the delivery, and both participants of the surrogacy agreement will do what is necessary to achieve this, either before or after the baby’s arrival. Whether the paternity testing will be conducted as a standard procedure of this surrogacy agreement, or simply there would be a possibility should either participant wants it, it is to be pointed out in the surrogacy agreement, that both participants agree to this testing. Besides, it is also necessary to point out the participant, who will be responsible for paying for this testing.
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