Questionnaire: Choosing a Surrogate

Addressing these key areas can help intended parents gain confidence in their choice and build a solid foundation for the surrogacy process. Proper screening also protects the intended parents, the surrogate, and the future child by ensuring everyone agrees to the terms of the arrangement. This can minimize misunderstandings and conflicts throughout the surrogacy journey.

This article shares essential questions for intended parents and prospective surrogates. These questions will help guide your screening process and cover:

• Medical history
• Lifestyle
• Legal considerations
• Base compensation
• And more

Factors To Consider When Choosing a Surrogate

There are many factors that determine whether someone is the right surrogate for you. For example, you'll likely consider their:

• Physical health
• Genetics
• Emotional well-being
• Support system

These all have a bearing on the development and well-being of a child. Beyond that, you also have medical, legal, and financial considerations to consider.

In any meaningful interview, you will need to discuss several issues. These could involve:

• In vitro fertilization (IVF) and IVF cycles
• Whether there is any indication that the candidate has infertility issues
• Artificial insemination, which could require donor sperm
• Egg donation, which can be from an anonymous donor
• Whether you will use your own eggs
• Whether there are any concerns regarding the gestational carrier's health
• Whether the egg donor has any genetic predispositions, as found in genetic material during genetic testing
• Embryo transfers, which involve the implantation of an embryo
• A variety of medical procedures outside of assisted reproductive technology
• Fertility treatments (sometimes called infertility treatments)

You'll want to review a surrogate’s medical history, including a comprehensive screening of their mental health. You should find out whether the surrogate has any medical conditions.

You should determine whether the surrogate has any reproductive issues. These can include endometriosis and any issues related to the surrogate’s ovaries or ovulation. If the surrogate has any of these issues, it's important you are aware of them.

If you choose to proceed, keep in mind that additional medical treatments may then be necessary. Infertility services could be completely necessary even for the surrogate you choose. This is rare, but it still could be an issue that arises. It's important to know some common questions before you proceed through any surrogacy.

The Surrogate Interview Process

During the interview, you might also cover:

• Gestational surrogacy and whether the gestational surrogate is willing to consent to numerous terms you specify
• Legal issues related to parentage (possibly those related to parental rights post-birth)
• How much exposure after the child's birth the child will have to the carrier
• Which fertility clinic and fertility services to use
• Whether family members of the surrogate will be involved during the surrogacy
• Intrauterine insemination
• Whether egg retrieval will be involved
• Whether the surrogate has health insurance coverage and whether their insurance policy covers certain procedures

Concerning potential legal issues, it's important that you discuss with the surrogate whether they—as the biological mother—may have the option of remaining in the child's life post-birth. It's important to discuss who the legal parent will be post-birth and enter into a contract to that effect.

Raising these questions early in the interview process is important. They will help you quickly narrow down surrogates. It will be important to determine which candidate shares your vision of the future and your vision of your family. Much of what is discussed during the interview should also be in the surrogacy agreement.

A family law attorney can help you draft an enforceable surrogacy agreement that outlines what happens in various circumstances during and after the pregnancy.

Important Questions To Ask a Potential Surrogate

The following questionnaire can be a helpful tool in determining whether a particular candidate is the right choice for your family.

In addition to the potential surrogate's name and contact information, you'll want to ask for the following information:

• Why do you want to be a surrogate?
• Have you been a surrogate before?
• Are you married? If so, does your spouse support your decision to be a surrogate?
• Are you currently taking any medications?
• Have you had any recent surgeries or hospitalizations?
• Do you have any health problems?
• Do you suffer from mental illness?
• Do you have any sexually transmitted diseases?
• Have you ever been tested for AIDS or HIV?
• Do you consume alcohol? If so, how often?
• Do you smoke? If so, how often?
• Do you currently or have you ever used illegal drugs?
• Are there any health problems in your family’s medical history?
• Will you allow the intended parents to be involved during the surrogate pregnancy?
• Will you allow intended parents to attend medical appointments and ultrasounds?
• Will you allow the intended parents to be present at the delivery?
• Are you willing to undergo a physical examination and psychological assessment? Are you willing to do so before entering into the surrogacy arrangement?
• Do you have health insurance?
• Are you willing to sign a surrogacy contract?
• Are you willing to relinquish all claims to the child born as a result of the surrogacy arrangement?

What if a Surrogate Has Their Own Children?

You also might want to ask if your potential surrogate has children of their own. If so, ask the following questions:

• Do your children have any health issues?
• Did you have any pregnancy complications?
• Did you experience post-partum depression?
• Do you think surrogacy will impact your children?

Your attorney can help alert you to possible red flags. They also can serve as an objective advisor. They also can draft the surrogacy contract once you have made your decision.

Keep in mind that some states do not recognize surrogacy contracts as enforceable legal documents. An attorney can help you protect your interests and determine how to proceed if you live in one of these states.

Questions To Ask a Surrogacy Agency

Some prospective parents use a surrogacy agency instead of pursuing an independent surrogacy.

A reputable agency does more than help parents find the right carrier. They help screen candidates, obtain medical information, navigate insurance, and more. They also provide support and guidance throughout the process and can help families troubleshoot issues as they arise.

But, not all surrogacy agencies operate with the same standards and practices. Asking the questions below can help you find an agency that aligns with your needs and values:

• What services do you provide throughout the surrogacy process?
• How do you screen and vet surrogates? Do you complete background checks and medical screening?
• How do you ensure surrogates receive the medical care and support to maintain a healthy pregnancy?
• What legal support do you offer intended parents and surrogates?
• How much do you charge for your services, and what is included in your fees?
• How do you handle potential conflicts between intended parents and surrogates?
• Do you offer counseling services or referrals to surrogates and intended parents?
• What criteria do you use to match surrogates with intended parents?
• What is your agency’s success rate with surrogacy arrangements?
• How do you ensure compliance with local, state, and federal surrogacy laws?

Also, consider testimonials and reviews from previous clients when deciding on a surrogacy agency.

Hiring an Attorney For Help Surrogacy

The surrogacy process involves significant emotional, financial, and legal risks. Further, surrogacy laws are constantly changing. Professional legal help is key for effectively navigating this process and your state’s surrogacy laws.

An attorney can help draft or review an enforceable surrogacy contract. Your contract should protect your rights and interests and clarify the legal responsibilities and expectations of both parties. An attorney can also help identify and mitigate potential risks.

Contact a family law attorney in your state today to learn how they can help your growing family.