who decides who is in the delivery room

[angelynn8411]

GS and IPs are disagreeing. Who is ultimately up to?

[Diane Hinson]

Hi, Angleynn. You have not told me a few details... such as: what phase of the process is this? If you are at the contract negotiation phase, then the IPs and GC need to come to a resolution-- and, BTW, there is -- in my opinion -- no better time to work these issues out!! The more issues that can be worked out and put into the surrogacy contract, then the fewer issues there are to be worked out during the cycling/pregnancy. Why do I suspect that this was not the case? As I always tell our Intended Parents and surrogates -- the goal is to address ALL the issues in the contract that could possibly arise. Then everyone can relax and sit back and enjoy the pregnancy.

Here is what typically happens: In a regular (vaginal) delivery, there is no space issue, so the gestational surrogate can have her husband/significant other AND the intended parents. BUT the surrogate can also impose limits on where the IP's stand in the room (e.g. above her head) if she has privacy concerns. In the case of a C-Section, the delivery takes place in the Operating Room (OR), so many hospitals limit the number of people who can go in because of space issues. It may depend on the size of the OR. If it limited to only one person, typically the GC decides who she wants as her support person -- does she need/want her husband or will she let one of the IP's be there? It varies.

Hopefully, this is not a situation where there is space available but the GC wants to exclude the IP's? That would be sad. Ultimately, she probably would prevail at the hospital, because it is her body, even if a court has already declared the baby to be the IPs' baby. But that truly would be sad for the IP's.

Good luck!
Diane


Diane Hinson, Esq.
Creative Family Connections LLC
2 Wisconsin Avenue, Suite 700
Chevy Chase, MD 20815
240-235-6006
dhinson@creativefamilyconnections.com
www.creativefamilyconnections.com