Independent Legal Counsel
Although, in most cases members of one family may desire to keep their dealings on an informal level, still, it must be kept in mind that surrogacy is a kind of an arrangement, which involves an extremely important legal transaction. The Surrogate Mother is placing herself at great risk physically as well as financially. While the woman may want to waive her right to independent counsel with the aim of avoiding legal fees, her attorney will serve several crucial functions. A highly experienced attorney can educate the future Surrogate Mother about the legal process of surrogacy, review the agreement, keeping her best interests in mind, as well as bring up issues, for example financial compensation, disability coverage, expense reimbursement, life insurance, etc, which may quite difficult for the participants to discuss in a direct way. In order to avoid any possible misunderstandings, which may jeopardize the relationship, all terms are to be stated in the written agreement explicitly; and depending on any kind of verbal understanding between the surrogacy agreement’s participants is quite a foolish thing to do.
Guardianship
Before embryo transfer or before insemination procedure, it is necessary to have a provision for guardianship of the child set forth in the Surrogate Mother’s agreement, as well as in the Intended Parents’ agreement. With the help of it all the intentions of the surrogacy agreement’s participants will be stated clearly, as well as the Surrogate Mother will be provided protection in case if the Intended Parents predecease the child / children. It is also possible that the Surrogate Mother may expect to become either the guardian or godparent of the child, arrived in the result of the surrogacy agreement. However, if the Surrogate Mother lives far from the couple of the Intended Parents, it is possible that they may select someone, who resides nearer. Anyway, this is the issue, difficult to discuss, however, it is necessary to be resolved yet before the surrogacy agreement is executed.
Counseling Facilitation
As a rule there is no need to apply to a surrogacy agency, if a family member is used as a Surrogate Mother. This kind of surrogacy also eliminates any third participant to act as a so – called “support” or “buffer” between the surrogacy agreements’s participants. However, counseling before the commencement of cycle is done may provide help family members to voice their expectations and concerns. Just as in any assisted reproductive cycle, the surrogacy agreement’s participants will ride the roller coaster of emotional ups and downs. It is also possible that a lot of unresolved family issues may surface during this stressful period of time. In case of a failed pregnancy attempt, the Surrogate Mother may begin to blame herself for not resting enough, for not eating right, for picking up some heavy things, like her toddler, or anything, for not eating right, etc. As for the Intended Parents, they may be hiding their feelings of loss while trying to take care of others. Counseling can provide help to all participants of the surrogacy agreement in their moving through the grieving process and in deciding on a next step. In addition, there are a lot of questions, which can be given the answer by the counsel. The questions are the following:
• How many cycles will be attempted?
• How can the obstetrician be selected?
• Will the Surrogate Mother have to make any lifestyle changes, including her diet, alcohol consumption, exercise, etc?
• Who will be present at the delivery?
In case if there is any family issue, left unresolved, or if there is any motivation, which is based on obligation, then using one of the family members as a Surrogate Mother can become the reason of difficulties throughout the pregnancy as well as far beyond it. With the help of a professional guidance, it may become able to determine whether surrogacy is an appropriate choice for the members, involved into the given surrogacy agreement. Anyway, if there is an adequate preparation and careful though, then using a family member as a Surrogate Mother can become a rewarding experience for all participants of the surrogacy agreement.
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