Becoming a Surrogate

Surrogate Application

Mid-South Surrogacy currently has Intended Parents waiting to be matched with a surrogate. If you wish to fill out the basic questionnaire we will contact you to discuss your desire to be a surrogate and review the same to see if you are a match for our intended parents.  We are also glad to discuss any questions you might have about surrogacy and the surrogate process.

Q. What requirements are there for surrogates?

The requirements for the Surrogate may vary with each group of Intended Parents as the Surrogate and Intended Parents must agree on many aspects of the surrogacy that are memorialized in the surrogacy contract.  Other requirements for surrogates may come from the fertility clinic involved and the laws of the state whose laws will be applied. Generally successful surrogate applicants met the following criteria, but the same are not absolutely mandatory as a condition of becoming a surrogate:

• She is medically capable of serving as a surrogate, becoming pregnant, and carrying a child the term
• The surrogate has delivered a child of her own;
• She is between the ages of 21-41 years of age;
• She lives or at least is willing to deliver in a surrogate-friendly state in the United States;
• She does not participate in certain government programs including cash assistance, welfare, public housing or section 8
• She has a Body Mass Index (BMI) of no higher than 33. (In some instances, BMI between 33-35 is acceptable.) Calculate My BMI.
• She lives or at least is willing to deliver in a surrogate-friendly state in the United States;
• She has support of her, spouse, and/or if unmarried her family and friends;
• She is not an illegal drugs user, smoker, nor does she abuse alcohol 

Q. Do I need to have insurance that will cover surrogacy to be a Surrogate?

Health insurance that will cover the surrogacy is not a requirement unless the Intended Parents are only seeking a Surrogate with health insurance.  In such, cases you can be matched with other Intended Parents that do not require health insurance.  While health insurance is not required, the existence of such insurance that will cover in whole or in part the cost of the pregnancy, labor, and delivery usually increases the surrogate’s desirability to Intended Parents and makes it easier to match you as a surrogate.  The existence of applicable health insurance in many cases makes it possible for Intended Parents to pay the Surrogate a greater fee for the Surrogate’s services which are deemed her pain and suffering which reimburse and compensate the Surrogate although the funds paid can never fully compensate you for the service you are providing.  

Q. What problems does it create if the Surrogate is a recipient of government assistance?

To be a recipient of most government assistance programs the recipient must fall below certain income thresholds.  When the recipient then serves as a surrogate, funds she may receive as reimbursement may be considered by such programs as income which in turn could make the Surrogate ineligible for the programs and/or certain benefits.  Thus the requirements and income thresholds of the specific government program in issue would have to be carefully consulted.

Q. What is BMI and why does it matter in surrogacy? 

BMI stand for Body Mass Index.  BMI guidelines generally are set by the IVF clinics to ensure that the Surrogate will respond appropriately to medications that are often necessary in the surrogacy.

Q. Why does age matter for a Surrogate?

Age limits are set by the IVF clinics.  A general cut-off age for potential Surrogates set by most IVF clinics is 42.  Said age is selected because of increased health risks that accompany aging and fluctuating hormones both of which increase the health risk to the Surrogate and the child she will carry.  The IVF clinic in issue should be consulted as to age if this is an issue.

Q. If the surrogate has been prescribed anti-depressants in the past and/or required any mental health treatment can she still be a surrogate?

To be approved to act as a Surrogate, most IVF clinics require that the Surrogate not be taking antidepressants.  Similarly, many, but not all clinics require a psychological screening of the Surrogate to ensure her suitability as a surrogate.  Accordingly, many IVF clinics require that the Surrogate have ceased using any anti-depressants and anti-anxiety medications for 6 to 12 months before serving as a Surrogate.  Again, the specific IVF clinic in issue should be consulted.   

Q. If the Surrogate does not believe in selective reduction or abortion for any reason or only under certain specific conditions can she still serve as a Surrogate?

The answer depends upon the Intended Parents and the Surrogate.  Such issues are part of the negotiation process and are fully discussed and addressed between the Parties and then memorialized in the surrogacy contract.  As such, if the Surrogate has beliefs that the Intended Parents cannot accept, or vice-a-versa, then the Surrogate would be matched with Intended Parents who do share and/or who can accept her beliefs.  We do not believe a Surrogate should be asked to compromise her beliefs in order to assist in providing the gift of a child and although we do assist in negotiating and reaching an agreement on all issues, we always do so in a respectful manner to everyone involved. We will not pressure any side to abandon strongly held beliefs they may possess.     

Q. Does the Surrogate have to have an Attorney?

The answer again rests with the desire of the Surrogate and the agreement reached between the Intended Parents and the Surrogate.  We generally recommend that the Surrogate be represented by her own independent attorney.  If the Surrogate does not have counsel of her own already, we can assist her through our referal network in obtaining her own counsel when we are representing the Intended Parents. The cost of legal counsel for the Surrogate is generally included in the reimbursement package paid by the Intended Parents. Thus, the cost of the Surrogate's legal representation is paid for by the Intended Parents.  Similarly, if the Surrogate does not wish to have her own attorney, she is free to proceed pro se, meaning she is acting as her own counsel.  Mid South Surrogacy’s counsel will not represent both the Intended Parents and the Surrogate within a surrogacy.