Medical & Legal Process: Answers to the Most Common Questions Surrogates Ask

Becoming a gestational surrogate is an incredible journey, but it also comes with important medical and legal considerations. From the medical screenings and embryo transfer process to the legal contracts that protect both surrogates and intended parents, understanding these aspects is crucial before moving forward.

In this blog, we’ll answer the most common questions about the medical and legal sides of surrogacy, helping you feel confident and informed as you navigate the process.

Whether you’re considering surrogacy for the first time or looking for clarity on the details, we hope this Q and A Session helps inform you! Knowledge is power!

Medical and Legal Process for Surrogates:

1. How does the medical process work?

• First, you will need medical clearance from your OB/Gyn to participate in surrogacy.

• You undergo medical screenings (blood tests, ultrasounds).

• You take hormonal medications to prepare your uterus.

• An embryo created by the intended parents is implanted via IVF.

• If successful, you continue regular prenatal care until birth.

  
  

2. What medications do I need to take?

It's important to remember that medication can be tailored to your body. You will likely take:

• Hormonal medications (estrogen, progesterone) to prepare your uterus.

• Prenatal vitamins for pregnancy health.

• Other medications as needed by the fertility clinic.

  
  

3. Will I need to undergo IVF?

Yes. The intended parents’ embryo is transferred to your uterus using in vitro fertilization (IVF).

4. What are the risks of being a surrogate?

Like any pregnancy, risks include:

• Morning sickness, fatigue, gestational diabetes, preeclampsia.

• Risks associated with C-sections if needed.

• Unlike carrying for yourself, surrogacy can come with emotional challenges related to carrying a baby for someone else.

  
  

5. What happens if there are pregnancy complications?

If complications arise, doctors and intended parents decide on the best course of action. Your medical costs are covered, and your contract will outline contingency plans.

6. Do I need a lawyer, and who pays for legal fees?

Yes, you need a surrogacy attorney, and the intended parents cover all legal fees.

7. How is the legal contract handled, and what rights do I have?

Your legal contract outlines compensation, expectations, medical decisions, and parental rights. You can advocate for any changed you would like to make to the original contract. Lawyers will communicate and come to agreement. You do not have parental rights over the baby.

8. What if I change my mind after getting pregnant?

Once the contract is signed, you legally cannot keep the baby—the intended parents are the legal parents.

We know there are many other questions you may want to ask! Contact us here if you would like to chat!

If you have questions about eligibility and requirements, check out our last blog. Stay tuned for more frequently asked questions in our next blog! Check out the FAQ page here.