Surrogate Mothers Online Q & A: In my state the law says you cannot pay a surrogate fees for the baby - that all fees must be accounted for in medical expenses, child care, living expenses. We want to and are paying our surrogate more than this, in fact we are paying her at the high end of the going range. Will the state laws present a problem when we go to court?

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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.

28. In my state the law says you cannot pay a surrogate fees for the baby - that all fees must be accounted for in medical expenses, child care, living expenses. We want to and are paying our surrogate more than this, in fact we are paying her at the high end of the going range. Will the state laws present a problem when we go to court? - Kay B. - Top

Kay B.,

The only person who can answer whether or not it presents a problem is your lawyer. I think it might unless you can camouflage the fees as living expenses or such. I understand from a surrogate in Michigan that she has to keep track of everything with receipts, etc. just to make sure it's "legal". Many adoptive parents support the birth mothers prior to birth and adoption, so it's not really any different. But, that's just my humble opinion.

Hugs and best of luck!

Linda P - Updated: January 31, 2000
Topics may include contracts, legal fees, establishing parental rights, etc.

28. In my state the law says you cannot pay a surrogate fees for the baby - that all fees must be accounted for in medical expenses, child care, living expenses. We want to and are paying our surrogate more than this, in fact we are paying her at the high end of the going range. Will the state laws present a problem when we go to court? - Kay B. - Top: Kay B.,

The only person who can answer whether or not it presents a problem is your lawyer. I think it might unless you can camouflage the fees as living expenses or such. I understand from a surrogate in Michigan that she has to keep track of everything with receipts, etc. just to make sure it's "legal". Many adoptive parents support the birth mothers prior to birth and adoption, so it's not really any different. But, that's just my humble opinion.

Hugs and best of luck!

Linda P - Updated: January 31, 2000

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

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

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