designer surrogacy

Surrogacy by Design

There is a good side and a not so good side to everything in this world. Even with surrogacy. Luckily, surrogacy is growing and has some kind of positive presence in main stream media. Unfortunately, some women have used surrogacy for more reasons than just infertility. This has grown to become labeled “designer surrogacy.” Some women are afraid of pregnancy. For reasons such as gaining weight, fear of what it can do to their body or can’t fit a pregnancy into their lives.

Woman who choose surrogacy for purposes other than infertility, may indeed, be judged. Many believe pregnancy should not be treated as an inconvenience. Many celebrities have been criticized for using a surrogate to prevent stretch marks or interrupting film schedules.

The first United States surrogacy contract was written in 1976, and caused speculation that we would become a divided nation of breeders and then the wealthy who exploit them. Kind of like the popular series, Handmaids Tale. There are some states that allow it, while others ban it altogether. And only in 2012, have there been guidelines issued by the American Society for Reproductive Medicine (ASRM), stating that surrogacy should only be used “when a true medical condition precludes the intended parent from carrying a pregnancy or would pose a significant risk of death or harm to the woman or the fetus. The indication must be clearly documented in the patient’s medical records.” In Texas, there has to be a medical necessity for someone to do surrogacy.

But what is the definition of “medical need?” Surrogacy is appropriate when doctors offer the option to patients who suffer from a medical condition, severe anxiety or post-traumatic stress disorder. This also includes when a mother would be at high risk for postpartum depression, or has had a difficult previous pregnancy.

As for Shared Conception (a Texas-based surrogacy agency), we have never agreed to work with clients interested in designer surrogacy. We have, however, seen cases where there is a physical or mental reason. Even in cases where the intended mother has to be on certain medications or where the intended mother had a high-risk pregnancy the first time and has been advised not to proceed with another pregnancy. These scenarios do exist and Shared Conception understands and is happy to assist.

Interested in learning more about surrogacy? Give us a call today or visit sharedconception.com and let’s talk!

 

Surrogacy Laws in Texas

There are no federal laws with surrogacy so each state determines their own legalities regarding surrogacy. Texas allows forgestational surrogacy, where the genetic material of the intended parents or donor is used and the woman carrying the baby is not biologically related to the child.

Texas law requires that the couple be married. There must also be a surrogacy agreement which is validated by a court order. Also Texas law requires that either one of the intended parents or the surrogate be a resident of Texas for the past 90 days in order for a Texas court to preside over the surrogacy agreement.

Texas is considered one of the few surrogate-friendly states. One of the primary reasons why intended parents prefer to do surrogacy arrangements in Texas is the validation process. Once the agreement is validated by the Texas courts, the child thegestational surrogateis carrying is considered the biological child of the Intended Parents and the gestational surrogate has no rights and no responsibilities to that child. Furthermore, the intended parents’ names will be the ones on the birth certificate and there is no need for adoption.

Surrogates in Texas also have their own set of legal requirements. For example, the surrogate must have had at least one child that she is currently raising. Also, the surrogate must show that carrying another baby will not jeopardize her health.

At Shared Conception, we work with excellent attorneys who can help guide you through the legal process. Let us help you get started!

How to pick a surrogacy agency

If you’ve thought it over, researched the topic and are ready to head down the road of surrogacy, your first thought might be, “How do I pick a surrogate agency?” Here are a few suggestions.

1. Do your research. Research on the Internet different agencies in your area. Although there are hundreds of agencies in the nation, many surrogates feel they like to use an agency close by. The geographical distance can be an issue when you’re paired with intended parents. Finding a fit that you’re comfortable with in terms of distance, is a good place to start.

2. Make a list. If you’ve never been a surrogate before, then you’re going to have questions. Chances are if you have been a surrogate before, you’ll still have questions! Make a list of your questions or topics you’d like answered.

3. Call and set up an interview. Call your top two or three surrogacy agencies and ask to speak with someone in charge. Ask if you can come in and set up a time to talk about becoming a surrogate. Be sure to bring your list of questions when you go.

4. Trust your gut. After meeting with a few agencies, go with what feels right to you. You will be working closely with the agency as you travel the journey of your pregnancy. You will want to feel comfortable, open and at ease at the agency. Pick the agency that best fits with you.

Have a question? Let us help! We are surrogate experts.

 

What are the legal requirements for surrogacy?

Having a surrogate deliver your baby is a fragile situation. We at Shared Conceptions want to make sure the journey is legally correct, both for the surrogate and intended parents.

Texas is considered “surrogate friendly.” What’s this mean for you? Texas has specific laws on the books regarding surrogacy versus many other states that use case law instead of written law or ban surrogacy all together.

There are two legal agreements that are entered into between both parties. One agreement is signed by all parties at least 14 days before the embryo transfer. Another agreement is entered into when the pregnancy is confirmed. Both documents ensure the legal safety of both the surrogate and intended parents, including specifically outlining which party is financially responsible for the pregnancy and delivery.

Also, the legal paperwork ensures the intended parents name will be presented on the baby’s birth certificate, not the surrogate’s name.

Do you have more legal questions about surrogacy? Find out more about Shared Conceptions here. https://sharedconception.com/surrogacy-texas

Guest Blog! Was it hard to give up the baby?

babyWas it hard to give up the baby?

This is usually the first question people ask me when they’ve found out I’ve been a surrogate before. I delivered a baby girl for my Intended Parents in October of last year. After several months of delay, we transferred in February of 2010 and were pregnant on the first try. I remember telling the Intended Mother and friend, E, that the transfer worked and she cried and squealed with joy. I cried on the phone too; it was better than I’d ever imagined.

I was there when the Reproductive Endocrinologist showed us the two embryos we’d be transferring. Baby L’s very first portrait session. I saw the word “pregnant” pop up on a pregnancy test and ran around the house waving a stick I’d peed on yelling, “IT WORKED!!! Albert, it worked!!! They’re gonna have a baby!!!” I felt sick in the mornings, craved ice cream and watched my belly grow as that child took shape in my womb. I can understand why people question a surrogate’s attachment (or rather lack thereof) to a child they’ve helped bring into the world. I see where it’s hard to comprehend that you’re not giving this baby up, you’re giving it back. Though I care for Baby L and her parents, she was not ever mine. I do feel a sense of pride and joy at seeing her. Nine months of hanging out with someone makes them kind of grow on you. I have friends that commend me on what I’ve done but always assure me that they could never do it themselves. I don’t think they mean it in a bad way, but it does bring to the table the topic of what makes a surrogate do what they do.

For me, my motivation to help a family came when I read an article in a magazine about surrogacy. I cried reading the story of a couple that was able to have the family they’d longed for with the help of a surrogate. I’ve always been a fan of pregnancy and I own my love for maternity clothes. The moment you announce that you’re pregnant, you stop sucking in and people are nicer to you! Really though, I had thoroughly enjoyed my pregnancies and had extremely easy labor and deliveries. I also had a handful of friends that were trying to get pregnant and had months of disappointment and hurt beneath their belts. Standing by and not being able to fix it made me feel helpless. Knowing that I might be able to help someone like these couples gave me hope.

We met E&J and spent the next several months getting to know them and their families. The calls from E were spent listening and discussing her dreams and hopes. My heart was filled with longing for this to work. As Baby L grew, so did the joy in her parents’ hearts. The day of her birth cemented my reasons for pursuing surrogacy. The look of pure love on each of their faces as they held their daughter left me bathed in such a sense of accomplishment and happiness. Someone else was able to experience the love I felt when I held each of my own children.

In the next few days, I visited with friends and my own family. My children needed their mommy and I was able to return to them after a couple of days in the hospital. Leaving without a baby was not as weird as I thought it would be. Somehow, knowing that she had gone home with her family replaced any feelings of awkwardness that might have otherwise been there. Seeing her pictures with outfits her mother had been waiting months to put her in brought tears of joy to my eyes. Never once did I feel pangs of hurt that baby L was with her family. In truth, I wouldn’t have had time to dwell on it anyway as my own 3 children keep me very busy. It’s funny how quickly you can recover when you can sleep through the night immediately after delivery!

So what was it like to “give up the baby?”It was like placing the last piece of a puzzle into place before you stand back to admire the fruits of your labor (pardon the pun!) It was watching a family be created and one of the greatest days of my life aside from my own children being born and the day my husband agreed to put up with me for better or worse. It was, in short, pure bliss. I feel incredibly blessed to have been apart of it and am thankful to be apart of baby L’s life as she grows.

Surrogacy is such a beautiful thing.

 

By Carmela Cancino