Surrogate Mothers Online Q & A: I am planning on being a surrogate and have already met the most wonderful couple to work with. However, their clinic doesn't want my couple to pay me a surrogacy fee, and may not work with us if I do receive a fee. Is there a way to get around this? -<A HREF="mailto:arkorpela@hotmail.com">April</A>

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Surrogate Mothers Online Q & A

Q & A: Legal/Contract Issues - Surrogacy

Topics may include contracts, legal fees, establishing parental rights, etc.

18. I am planning on being a surrogate and have already met the most wonderful couple to work with. However, their clinic doesn't want my couple to pay me a surrogacy fee, and may not work with us if I do receive a fee. Is there a way to get around this? -April - Top

Dear April,

You could have your fee worded as a living expense. You would have to total all of your bills. Rent, food, phone, and utilities. Whatever that amount is, would be the amount they could pay you each month. That is the way a lot of agencies and attorneys do it. Then your not getting a fee. Your having your living expenses paid.

Or they could just give you a gift. And it would have to be under 10,000 so that is cannot be taxed. Unfortunately, that cannot be worded into the contract. And you'll have to just take a leap of faith that it will work out that way.

Good Luck! Feel free to write anytime.

-Jennifer S.

April,

Is their clinic working as an agent for them? If not, why does the clinic need to know the particulars of your arrangement. They don't need to know you are getting a fee or not. All my clinic wanted to know prior to transfer was whether or not we had a signed contract (they verified it with our lawyer), and they wanted our surrogate to have her medical/psychological testing thru their office so they could "trust" the results. They did not want to know the specifics of our agreement.

The only reason I could think of that they wouldn't want to work with a surrogate getting a fee is if commercial surrogacy is illegal in the state the clinic is in (there are a few states where it is illegal -- check on WWW.OPTS.COM under their legislative section for which ones). Then they could be fined or otherwise "punished" if it becomes known that this is a commercial surrogacy. If this is the case, either they need to be kept in the dark, or you will need to find another clinic.

Linda
Mom of twins thru surrogacy - Updated: January 31, 2000
Topics may include contracts, legal fees, establishing parental rights, etc.

18. I am planning on being a surrogate and have already met the most wonderful couple to work with. However, their clinic doesn't want my couple to pay me a surrogacy fee, and may not work with us if I do receive a fee. Is there a way to get around this? -April - Top: Dear April,

You could have your fee worded as a living expense. You would have to total all of your bills. Rent, food, phone, and utilities. Whatever that amount is, would be the amount they could pay you each month. That is the way a lot of agencies and attorneys do it. Then your not getting a fee. Your having your living expenses paid.

Or they could just give you a gift. And it would have to be under 10,000 so that is cannot be taxed. Unfortunately, that cannot be worded into the contract. And you'll have to just take a leap of faith that it will work out that way.

Good Luck! Feel free to write anytime.

-Jennifer S.

April,

Is their clinic working as an agent for them? If not, why does the clinic need to know the particulars of your arrangement. They don't need to know you are getting a fee or not. All my clinic wanted to know prior to transfer was whether or not we had a signed contract (they verified it with our lawyer), and they wanted our surrogate to have her medical/psychological testing thru their office so they could "trust" the results. They did not want to know the specifics of our agreement.

The only reason I could think of that they wouldn't want to work with a surrogate getting a fee is if commercial surrogacy is illegal in the state the clinic is in (there are a few states where it is illegal -- check on WWW.OPTS.COM under their legislative section for which ones). Then they could be fined or otherwise "punished" if it becomes known that this is a commercial surrogacy. If this is the case, either they need to be kept in the dark, or you will need to find another clinic.

Linda
Mom of twins thru surrogacy - Updated: January 31, 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.)
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