How to Choose a Surrogacy Agency

There are many advantages to using a surrogacy agency when you choose surrogacy to have a child.  They will work to match you up with a surrogate that is perfect for you and they can offer a great support system for both you and your Surrogate.  But how do you choose the surrogacy agency that is right for you?  There are many questions that you can consider when trying to choose a surrogacy agency to work with:

  • How long have they been in business?  There is nothing wrong with using an agency that has only been open for a few months if you have done your research and you feel like they are the right agency for you.  However, you may want to work with an agency that has been established in the field.  They will have more experience and a longer record for you to examine.
  • How many clients have they assisted?  Again, you may want to work with an agency that has a proven track record.  While it is true that every agency has to start somewhere, are you ready to be the one that they start with?  You will want to look at their history and see how many people they have helped to become parents so you can decide if you want to be one of those people.
  • What is their screening process?  Do they screen their surrogates both physically and psychologically?  You certainly want to work with an agency that does both physical and psychological screenings of their potential surrogates.  You want to work with a surrogate who is both physically fit and psychologically prepared to go through the process of carrying another woman’s child. Counseling is a part of the entire process, but you want to make sure that an initial screening does take place before you are matched up with a surrogate.
  • Have they ever been sued by clients or surrogates?  This is something that you want to consider as it gets to the heart of their reputation.  If they have been sued, what were the circumstances?  What was the result?  This is a part of looking into the history of the agency and whatever you find out in answering this question may play a major role in your decision of whether or not to work with that agency.
  • How much does it cost?  Obviously, if you have chosen surrogacy you already know that you are going to be making a significant financial investment.  If you are choosing an agency, part of that investment will go to pay the agency’s fees.  The agency will give you an estimate (you may end up paying more or less than that estimate), and then you will want to find out what services are provided for the fees that you are paying.  If you feel like you are getting the services you want for the amount of money that they are asking, then you may consider the agency a good choice for you.    
  • How long does it usually take to match a family up with a surrogate?  There will not be any guarantees here.  They may be able to match you up with someone fairly quickly or it may take some time.  The agency will be able to look at your family and tell you how long it typically takes to match up a family such as yours, but patience is important as you will want to find the best match for you and your family.
  • How is their staff and customer service?  As you are researching different agencies, what is your experience with the staff?  Are they generally friendly?  Do they seem supportive?  You want to work with an agency that is supportive and where the people are pleasant to be around.   The process of surrogacy can be long and sometimes stressful and you will want to work with an agency where the people can help to ease some of that stress.

Choosing a surrogacy agency to work with takes time and research.  Ultimately, you want to choose an agency that you are comfortable with.  You want to work with an agency that will do what is best for you and your family.  Do your homework and ask the right questions and you will be working with the surrogacy agency that is best for you. 

If you have questions about choosing a surrogacy agency in California, please call 310-598-6428 or email Rose@PondelLaw.com  Rose works with many surrogacy agencies in California and abroad and is available to help you choose the best agency for your family.

Israeli Cabinet Backs Bill Allowing Surrogacy for Same Sex Couples

Elad and his partner live in Israel with their one-month old daughter.  Both men served in the military and are as active as any other member of their community.  Their daughter was conceived using a surrogate in India.  Why?  Because same-sex couples and unmarried people are not allowed to use surrogacy in Israel.  However, a law which received the approval of the Israeli cabinet on Sunday, June 1 is aimed at changing this policy.  This new law extends the ability to use a surrogate in Israel to all couples, not just heterosexual couples.

The bill had been going through months of debate in the cabinet, but tensions on the bill were eased and the cabinet was finally able to vote.  While the bill does extend the rights to use surrogacy to singles and same-sex couples, it also imposes a few restrictions on both Surrogates and Intended Parents.  Surrogates are limited to three surrogate pregnancies and they can be no older than 38 (actually raising the maximum age).  Intended Parents must be no older than 54 and are only allowed to conceive two children through surrogacy.  Currently many LGBT couples have to go abroad (like Elad and his partner) in order to use a surrogate.  Most go to India or Thailand. The ability to use a surrogate in Israel will mean they no longer have to deal with all of the red tape of immigration and they will be able to bring a new member into their family.

Those who oppose the law argue that it merely “pays lip service” to the LGBT community in Israel.  Irit Rosenblum, founder of the “New Family” NGO in Israel states that the law will lead to couples dealing with committees and much more red tape in order to conceive a child.  He believes that it will just lead to fewer, not more, surrogacy arrangements.  Even so, members of the LGBT community are hopeful that the law will pass the Knesset, where it must pass three readings.   Supporters of the bill in Israel are optimistic, with Israeli Health Minister Yael German stating, “It feels like the ova are thawed and now we can create the baby and deliver it in the Knesset (Israeli Parliament).”  Elad and his partner are looking forward to the opportunity to add another child to their family and to be able to do that in Israel.

How much does surrogacy cost?

When making the choice to pursue surrogacy to have a child, you are making a major life commitment.  Of course, you are making a commitment to a child and a commitment to your family.  And surrogacy involves a major time commitment—you will have medical appointments, legal appointments, and many other appointments that you will have to be part of.  You also have to consider the fact that surrogacy involves a serious financial commitment.  It is well known that surrogacy is not cheap, but what you may not know is where all that money is going.  There are many costs associated with surrogacy, and listed below are some of the most common.

  • Surrogate Fees – Generally speaking, this is a fee that is agreed upon between the intended Parent(s) and the Surrogate.  Usually, it is broken down into monthly payments that last through the duration of the pregnancy.  This fee is essentially paid to the Surrogate to compensate her for the pain and suffering involved with being pregnant and reasonable consideration for carrying a child. While it is money that the surrogate may use for regular living expenses such as food and shelter, you have to remember that those expenses are necessary for her to care for your unborn child.  In addition to the base fee paid to the surrogate, you will also need to provide a life insurance policy for the surrogate for the duration of the pregnancy (and for a few weeks after the child is born) in case she suffers a fatal complication or accident during the pregnancy or in childbirth.  Furthermore, you will generally provide an allowance for maternity clothes.  There will be other fees that will come up through the pregnancy (such as fees for transportation, certain medical expenses, and the event of multiple births).  The majority of the money that you spend on this procedure will be in this area, so it helps to have an idea of what the money is being spent on.
  • Surrogacy Agency Fees – While it is not required to use a surrogacy agency it is highly recommended.  Agencies screen all of their potential surrogates very carefully and work to match you up with someone who will be compatible with you, your values, and your family.  This involves a lot of medical and psychological screening of potential surrogates, and the agency will charge a fee for these services.  While working with a surrogacy agency is one of the biggest financial commitments you will make in this process, it is also one of the best investments you can make as they will work to match you up with the best possible person for you.  If you would like a referral to a trusted surrogacy agency in California, please call our office at 310-598-6428 or email Rose@PondelLaw.com
  • Legal Fees – There will be a lot of legal paperwork that will come with surrogacy, and it is important to work with a surrogacy attorney who specializes in the field.  The attorney will charge a fee for drafting the surrogacy agreement and to set up the funds for the process in a trust.  The attorney will also make sure that the funds are allocated to the correct person or organization when the time comes (making sure fees are paid to the surrogate, surrogacy agency, medical fees, etc.).  You will also need to make sure any paperwork that needs to be done prior to the birth of your child is taken care of (such as paperwork and proceedings to establish parentage).  The Intended Parents are generally expected to provide funds for the surrogate’s legal fees in addition to their own. 
  • Medical/Psychological Fees – Psychological evaluations are essential for both the Intended Parents and for the Surrogate to ensure that everyone involved is ready to go through the surrogacy process.  The Intended Parents and the Surrogate will also have several medical expenses to pay during this process.  Of course, you will have to pay for the actual childbirth, but you will also have to pay for the embryo transfer procedure, monitoring, ObGYN visits, ongoing support groups and any health complications that may arise during pregnancy.  Fees will also include any fees paid to the clinic as well as any medications needed by the surrogate.  It is also important to know that the embryo transfer may not take on the first attempt and that the process may need to be repeated several times before a successful pregnancy is achieved.  While many fertility clinics tout their success rates for implantation on the first try, you should be prepared to go through and pay for this process more than once.

There are many other fees that will come up as you go through the surrogacy process.  For example, you may have several embryos that are not implanted in a surrogate and you may choose to cryopreseve them, for which you will have to pay a storage fee.  It is also important to understand that many of these fees are variable and may change in the case of multiple births (twins, triplets, etc.).  There are also fees involved if the doctor decides that a cesarean section is necessary for the surrogate to give birth.  All of the fees and specifics should be discussed in detail with your attorney and carefully outlined in your surrogacy contract, but it is useful to have an idea of what your money will be used for before you even begin the surrogacy process.

If you have questions about the costs of surrogacy or the surrogacy process in California, please call 310-598-6428 or email Rose@PondelLaw.com

 

Perez Hilton is a Daddy!

Celebrity blogger Perez Hilton announced on his website that he is the proud father of a new baby boy.  Hilton, who is openly gay, posted a photo of himself and his son on his site and expressed his excitement about fatherhood. He stated on the site, “I am so humbled to welcome this little man into my life. And I am honored and ready for the challenge of guiding him through his.” 

In a 2009 interview Hilton told the Los Angeles Times that he wanted to be a father before her turned 35 and that he had “investigated surrogates.”  However, at this point he has not disclosed whether the child was adopted or carried by a surrogate.    All he will say right now is that he is “blessed” to have his son in his life.  Many of his celebrity friends took to Twitter to congratulate him, with sentiments such as “welcome to the club!” and “let us know if you need any baby tips!”

In lieu of sending gifts, Hilton has asked that his fans make donations to VH1s Save the Music Foundation and the Gay, Lesbian, & Straight Education Network.

If you are interested in using a surrogate or finding a good surrogacy agency or surrogacy lawyer in Los Angeles or the rest of California, please call 310-598-6428 or email Rose@PondelLaw.com

Tips for International Parents Using a Surrogate in California

International surrogacy arrangements can seem daunting, but if you are working with an experienced surrogacy lawyer, surrogacy agency and medical staff, many of the complications can be eliminated or proactively addressed through proper drafting of contracts, screening of the surrogate, and medical screening for any possible health conditions.

Here are some tips for a smooth international surrogacy relationship:

  • Work with a reputable surrogacy agency that can provide you with references from former clients and other fertility professionals in their area.
  • Consult with a surrogacy lawyer who has specific expertise in family formation law including surrogacy, egg donation, sperm donation and embryo disposition.
  • Get to know your surrogate.  This is an important relationship, and as in all relationships, communication is key to a harmonious and smooth process. 
  • Understand the laws in the state where your surrogate lives.  California surrogacy law is relatively new, and therefore it is of the utmost importance to work closely with a qualified surrogacy lawyer.
  • Work with an immigration attorney in your home country to ensure a smooth return home after your baby is born.

The Family Formation Law Center regularly works with Intended Parents from all over the world including China, Australia, France, Switzerland, Italy, Spain, Argentina, Brazil and Japan.  Please contact us if you would like to speak to a surrogacy lawyer in Los Angeles or the San Francisco Bay Area, or would like more information regarding international surrogacy.  310-598-6428 or Rose@FamilyFormationLawCenter.com

Sir Elton John Welcomes a Baby Boy via Surrogacy

Sir Elton John and his partner, David Furnish welcomed their son Zachary Jackson Levon Furnish-John on December 25, 2010.  The birth of their child is significant for multiple reasons in the social acceptance and understanding of surrogacy, adoption and family formation.

Attempting Adoption from Ukraine

Last fall, the couple visited an orphanage in the Ukraine and planned to adopt a 14-month-old boy named Lev and his HIV-positive brother Artyom.  After visiting the orphanage, John told reporters that “Having seen Lev today, I would love to adopt him.  I don’t know how we can do that but he has stolen my heart.  And he has stolen David’s heart and it would be wonderful if we can have a home [together]”. 

Although the public has seen many celebrities adopt babies from all over the world, seemingly with ease and sans red tape, celebrities, just like everyone else, are bound by the laws in various countries and must abide by strict regulations. 

After John announced his desire to adopt Lev and Artyom, Youth and Sports Minister Yuriy Pavlenko said that the adoption could not happen because adoptive parents must be married and because John is too old. 

The singer is 62 and Ukranian law requires a parent to be no more than 45 years older than an adopted child.  In 2005, John and Furnish formalized their relationship in one of the first legalized civil unions in Britain, but Pavlenko said Ukraine does not recognize gay unions as marriage.

Gay Rights in Ukraine

After John and Furnish were denied the ability to adopt Lev and Artyom from Ukraine, Svyatoslav Sheremet, head of Ukraine’s Gay Forum, a leading gay rights organization in Ukriane, said the regulations were depriving the boy of a chance to find a family and love. 

Overall, Ukraine is a conservative, mainly Orthodox Christian, country.  Households headed by same-sex couples in Ukraine are not eligible for the same legal protections available to opposite-sex couples. 

In a December 2007 survey by Angus Reid Global Monitor, 81.3% of Ukrainians polled said that homosexual relations were “never acceptable”, 13% answered “sometimes acceptable” and 5.7% “acceptable”. 

Surrogacy

Despite reported heartbreak from their failed attempt at adoption in Ukraine, John and Furnish welcomed a baby boy via a surrogate this week into their family.  Their son, named Zachary Jackson Levon Furnish-John, was born on Christmas day, and weighed 7 pounds and 15 ounces. 

Although John and Furnish will not provide any details about their surrogacy arrangement and intend to protect and respect the privacy of the surrogate mother, their quest for a family has engaged the media and helped educate the public about adoption, surrogacy, gay rights and family formation.