Legal and medical requirements in a surrogacy process

Surrogacy isn’t just about intended parents but also about the surrogate mother. It’s a one-of-a-kind gift a woman can give to a family, but it’s a rather challenging process that needs four things:

  • Dedication
  • Self-sacrifice
  • Generosity
  • Strength

Any woman who’s thinking about the surrogacy process must understand how to become a surrogate mother from a legal and medical point of view.

This article will help you to learn about the medical and legal process involved in the surrogacy journey to help decide if surrogacy is right for you.

What are the medical stages in the surrogacy process?

There are four stages a prospective surrogate mother must go through to be deemed qualified for the surrogacy process:

Medical Screening

One of the most important parts of the surrogacy process is the medical screening process. Along with a physical, surrogates will need to undergo a battery of laboratory tests. These tests will look for communicable and sexually transmitted diseases along with certain infections and viruses that can hinder fertility. Surrogates often undergo ultrasounds to ensure they have a healthy uterus. Drug use screening is often included in the medical screening process.

Fertility Treatments

After legal contracts are signed, you’ll undergo several blood tests, fertility treatments, ultrasounds and injections during the embryo transfer process (this continues throughout the first stage of pregnancy).

Embryo Transfer

Either the intended mother’s egg or her donor egg will be fertilized in the lab using either the intended father’s sperm or the donor’s sperm. The fertilized embryo is placed into the surrogate’s uterus for it to implant.

Prenatal Care

You’ll need to make routine fertility clinic trips to get ultrasounds and regular blood tests. Once a healthy pregnancy is established, you can go to your own OB doctor. Your surrogacy pregnancy is like any other pregnancy, with the only difference being that you’ll go in more often to ensure the baby is healthy.

surrogate mother medical requirements

What are the legal requirements expected for a surrogate mother?

A legal contract is an imperative requirement of any surrogacy arrangements, and each of them differs based on the relationship with the parents-to-be and the circumstances. Your contract will lay out what your legal rights and responsibilities are.

Before you undergo any medical procedures, both the intended parents and surrogate mother must have a clearly signed contract. It’s important that an attorney review the contract – either or both the intended parents and surrogate’s attorney. Once the details have been ironed out, both parties will sign the contract, and it becomes a legally-binding document.

Upon signing the document, you’ll start getting payments and readying for the transferring of embryos.

Laws regarding surrogacy vary depending on your country, state or province, and the legal process can be sometimes complicated. Therefore, it’s in your best interest to work with a highly-knowledgeable family attorney, so your rights are safe.
surrogacy legal requirements

Are you ready to become a surrogate?

Pursuing surrogacy in USA and Canada can be a rewarding journey and a life-changing decision. At the end of your surrogacy journey, you will be giving the gift of parenthood to a family, and it is important that you and your family are ready for all the implications this journey will bring to your life.

Probably, this is the most important question to ask yourself as you prepare to become a surrogate. When you decide to start the surrogacy journey, you should not only be prepared for all the legal and medical surrogacy requirements, you should be prepared for all the challenges and satisfactions of helping another family.


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Written by Sara Cohen
My passion is to help build families. I approach fertility law with the compassion, empathy and respect it deserves.

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