Never Say "It Won't Happen to Me" During Surrogacy

If I had a nickel for every time I heard a surrogate say "I'll just hope it won't happen to me". . . I'm a surrogacy lawyer so my mantra is "hope for the best but plan for the worst".  Pregnancy can be an amazing, wonderful, fun experience (and that's how we want it to be) but it can also be complicated, hard, and scary.

No one can promise you that the high risk pregnancy won't happen to YOU.  Yes, I am talking about YOU.

Your doctors, midwives, and nurses work hard to help you have the healthiest pregnancy possible, but a lot is beyond their control.  So when planning for a surrogate pregnancy, you must plan for a high risk pregnancy to protect yourself and your family.

And your lawyer is there to help protect you via your surrogacy contract.  Here are some things to think about before you and your lawyer talk about your contract:

  • What will you do if you are on extended bed rest at home? Who will watch your kids? Who will drive them around to school and their activities? Who will make them dinner and pack their lunches? Who will do the housekeeping? Will your spouse be able to do it all himself or will you need help? What will happen to your job (if you have one)?

  • What will you do if you are hospitalized for an extended period? Again, who will take care of your kids and house? What about your job? Is it realistic to think that you can work on your laptop while at the hospital--maybe, maybe not.

  • What financial resources do you have available to help cover these costs--many jobs offer short term disability policies that cover pregnancy complications. You will also want to see if you are eligible for paid FMLA leave or other types of paid leave.

  • Have you already agreed to any type of cap on your lost wages, babysitting, housekeeping, or other expenses related to bed rest/hospitalization?

I truly hope it doesn't happen to you.  But please, please, please be prepared in case it does.

If you want to learn more about becoming a surrogate, please contact us.