Surrogate Mothers Online Q & A: What happens legally regarding finances and the contract that was previously set up if a mother has a miscarriage?

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Surrogate Mothers Online Q & A

Q & A: Financial Issues - Surrogacy

Topics may include compensation, covered expenses, overall costs, etc.

14. What happens legally regarding finances and the contract that was previously set up if a mother has a miscarriage? - Carrie and Jamilha in Monterey - Top

Carrie and Jamilha,

Miscarriage is usually covered in the contract. The surrogate mother should receive a pro-rated fee for the length of time she was pregnant since what you are doing is paying her to carry your child -- not for delivering a live, healthy baby (which is usually the end result though). We divided the fee by the average number of days a full term pregnancy takes and put it in our contract what the resulting "daily rate" would be. If our surrogate had miscarried, she would have been paid for the total number of days she was
pregnant.

We also put in our contract a standard clause that if the babies had been carried at least 32 weeks she would receive the entire fee agreed upon. And if we did a transfer that didn't work, she would receive a nominal amount for all the time and aggravation of shots, doctor's visits, and procedures, etc.

Hope this helps.

Linda P
Proud mommy of The Colorado Miracle Twins :) via Donor Egg and Gestational Surrogacy - Updated: February 13, 2000
Topics may include compensation, covered expenses, overall costs, etc.

14. What happens legally regarding finances and the contract that was previously set up if a mother has a miscarriage? - Carrie and Jamilha in Monterey - Top: Carrie and Jamilha,

Miscarriage is usually covered in the contract. The surrogate mother should receive a pro-rated fee for the length of time she was pregnant since what you are doing is paying her to carry your child -- not for delivering a live, healthy baby (which is usually the end result though). We divided the fee by the average number of days a full term pregnancy takes and put it in our contract what the resulting "daily rate" would be. If our surrogate had miscarried, she would have been paid for the total number of days she was
pregnant.

We also put in our contract a standard clause that if the babies had been carried at least 32 weeks she would receive the entire fee agreed upon. And if we did a transfer that didn't work, she would receive a nominal amount for all the time and aggravation of shots, doctor's visits, and procedures, etc.

Hope this helps.

Linda P
Proud mommy of The Colorado Miracle Twins :) via Donor Egg and Gestational Surrogacy - Updated: February 13, 2000

Unless stated otherwise, all responses in the SMO Q&A are courtesy of one or more of the following hosts:

Sherry - Experienced gestational surrogate currently working on her 2nd surrogacy arrangement

Linda - New Mommy to twins born via gestational surrogacy and egg donation

Jennifer S. - Experienced AI surrogate

Lynn - New Mommy to a daughter born via traditional surrogacy

Tracie - 5 time egg donor (triplets, 2 sets of twins and 2 singletons) and 3 time surrogate (2-AI, 1-IVF).

Lisa - Experienced egg donor and previous gestational surrogate currently working on her 2nd surrogacy arrangement (Lisa was our former ED host, prior to July 1999.)
Disclaimer: Responses from SMO Q&A Hosts do not necessarily represent the opinions and ideas of SMO. Neither the Q&A hosts nor SMO guarantee the accuracy or completeness of any information contained in the responses given here. As such, neither SMO nor the Q&A hosts are responsible for any errors or omissions or for the results obtained from the use of such information. Neither SMO nor the Q&A hosts shall be liable or responsible to any person or entity for any loss or damage caused, or alleged to have been caused, directly or indirectly by the information or ideas contained, suggested, or referenced in these responses.

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