Surrogate mothers

The surrogate mother or pregnant woman, rights and obligatios

The surrogates are women who carry the child of another person or persons, known as intended parents, in their womb. Surrogacy agreements or contracts define the rights and obligations of both parties throughout the process.

Requirements of a surrogate or gestational mother

The requirements to become a surrogate mother depend on the regulations of each country or state where surrogacy is regulated.

Generally, surrogates must meet certain medical requirements, be in good health and have no history of genetic or congenital diseases, although the latter is not as important as they do not provide their genetic material.

Psychological and social tests may also be required to ensure that they are emotionally and socially prepared to carry out a gestational process for a third party.

In addition, some countries or states may also require that the surrogate mother be within a specific age range and have at least one healthy child.

Is it possible for intended parents to select a surrogate from their country?

Since surrogacy is legalized in very few countries or states, surrogates must be citizens of those countries or states, which is where the law protects both their rights and obligations.

Therefore, we should not select surrogates who are nationals of countries in which surrogacy is null and void, since in the event of a breach of contract we would have no real ability to assert our rights.

Rights of surrogate mothers

Both the rights and obligations of the surrogate or surrogate mother are established in a contract or agreement signed between the intended parents and her, always within the legislative framework of the country or state where the surrogacy process is carried out.

Be treated with respect and dignity

Even though this is not reflected in any contract, the surrogate mother must always be treated with the utmost respect. At OneSurrogacy all our parents have done so.

Transparency in the subrogation contract

All contracts signed by surrogate mothers or surrogate mothers will be in their own language, which guarantees that there can be no deception with regard to what they sign.

Receive necessary medical care

Surrogate must receive all necessary medical care to ensure their health throughout pregnancy, delivery and postpartum. Medical costs must be covered by the intended parents.

Compensation for expenses related to the process

In cases where the surrogacy is altruistic, the surrogate should receive financial compensation to cover all expenses related to her pregnancy, including medical expenses, transport, accommodation and even for the months not worked.

If the surrogacy is commercial, she must also receive final compensation for her services.

Transparent information on the process

Throughout the process, the pregnant woman must have transparent access to all information that may be relevant to her, such as the details of the intended parents or the results of ultrasound scans and medical tests.

The obligations of surrogate mothers

Keeping the appointments set by the agency

The surrogacy agency is the one that is in permanent contact with the surrogate mother, the intended parents and the fertility clinic. The surrogate mother must therefore keep scheduled appointments for the embryo transfer, for medical tests during pregnancy, or when it is time to go to the maternity home.

Follow all medical guidelines

The pregnant woman must follow all medical guidelines set by the surrogacy agency and the fertility clinic to the letter, which means that she must take any medication prescribed before or during the pregnancy.

Living a healthy lifestyle

It is very important that in order for the pregnancy to develop in a healthy way and therefore for the foetus to develop normally, the lifestyle of the pregnant woman should be the most appropriate, avoiding excesses or foods that could harm the development of the pregnancy.

Sign all legal agreements in the process

The surrogacy agency is the one that is in permanent contact with the surrogate mother, the intended parents and the fertility clinic. The surrogate mother must therefore keep scheduled appointments for the embryo transfer, for medical tests during pregnancy, or when it is time to go to the maternity home.

Keeping the appointments set by the agency

The surrogate must be present and sign all documents necessary for the successful completion of the legal process, including the waiver of rights to the newborn child. These signatures are usually done at the notary and at the consulate.