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FREQUENTLY ASKED QUESTIONS

1.  What kind of surrogacy does your agency offer?  

At this time we only offer Gestation Surrogacy. Gestational Surrogacy involves an Intended Mother (or an Egg Donor), an Intended Father (or a Sperm Donor) and a Gestational Surrogate. Through in vitro fertilization, eggs provided by the Intended Mother (or Egg Donor) are fertilized with the sperm of the Intended Father (or Sperm Donor). The resulting 3-5 day old embryos are then transferred to the Gestational Surrogate who carries and gives birth to the child/children.  

2.  Are your Surrogates pre-screened before being matched?  

All of our Surrogates go through extensive medical, psychological and criminal screening before being admitted to our program. We meet all of our Surrogate candidates in-person, regardless of where they live. We do not rely on an online application. Most agencies do not do any medical or psychological screening before introducing the Surrogate to the Intended Parents. This could delay the surrogacy process substantially as many surrogates will not pass medical and/or psychological screening.  

3.  Is surrogacy legal in every State?  

No. Within the United States, there is no legal consistency among states on the matter of surrogacy - it is legal in some states, but not legal in others. Intended Parents may live anywhere in the United States, however, Surrogates must reside in states where surrogacy is not prohibited. There are a number of states within the US where Surrogates may live. The laws governing the surrogacy arrangement will be the laws of the state where the delivery will occur. You need to arrange the surrogacy in a state where it is legal.

4.  What if I do not live in the United States?

We will be offering International Surrogacy soon.

5.  Will the Intended Parents have to adopt their own child?

Different states have different laws. In states where a pre-birth order can be obtained, the Intended Parents appear on the original birth certificate.   In other states, a Parent adoption takes place after the baby is born.   The law where the child is born is the law which will govern the court process (to adopt or declare parentage) regardless of where the Intended Parent(s) or the Surrogate resides. In Idaho a court proceeding will take place after the baby is born in order for the names of the Intended Parents to be placed on the birth certificate. The judge will be given the proper documentation confirming the Gestational Surrogacy Arrangement, and that the Intended Parents are the genetic and/or legal parents. The Surrogate will terminate her legal rights, and then the Intended Parents will be able to assume theirs. Our attorney will be able to answer all of your additional questions in greater detail.

6.  How long have you been in business?  

Gift of Life Surrogacy is a new agency built on a foundation of determination to be one of the best. Through our own experiences with surrogacy and infertility, we have the ability, resolve, empathy, and professionalism we feel should be the standard for a surrogacy agency.

7.  Does your agency work with single, gay or same-sex couples?  

Yes! We feel that the desire to have a child to love and raise is innate in all of us. Our policy is that people that are ready and willing to take on the responsibility of parenthood deserve that opportunity. Gift of Life Surrogacy does not discriminate on the basis of personal lifestyle choices.

8.  Can we have our own Surrogate and still use your agency?  

Yes. As long as your Surrogate passes her medical and psychological screening. We can help you understand the many choices you should think about with your Surrogate. With our professional assistance we bring peace of mind knowing that everything necessary is taken care of and your contract is in place and is enforceable. We also assist you and your Surrogate during the transition after the birth of your child. At Gift of Life Surrogacy we treat each case individually.

9.  Have you ever been sued by Intended Parents or Surrogates?  

Our company has never been sued by an Intended Parent or a Surrogate and we have also never had clients involved in any legal disputes.

10.  How do we know we can trust the Surrogate to carry our child?

We carefully screen our Surrogates before accepting them into our agency. They are all women who have at least one child of their own and are in a stable environment. Our Surrogates enjoy being pregnant and want to do this to help create a family for someone else. We keep in close contact with our Surrogates throughout the whole process, as well as making psychological support available for her. We have nutrition and other classes and hold monthly Surrogate Support Group meetings in order to discuss any issues or concerns she may have before, during and after her pregnancy, as well as being available to her at any time.

11.  What if the Surrogate changes her mind?

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If the Surrogate decides not to go forward before the transfer has taken place, we will match you with another Surrogate at no additional fee. Once you have paid our administrative fees, we work with you until you have a child to take home.

12.  What happens if we do not get along during the pregnancy?

First, try to always remember that pregnancy can cause emotional behavior for both parties! It is important that you stay calm and immediately contact us to discuss any problems. Remember that technically you are both pregnant and therefore this statement applies to both the Intended Parents and the Surrogate. Intended Parents can become overly protective of their child and want the Surrogate to report what she is eating, how much rest she is getting, etc. If the Intended Parent(s) have the need to control or criticize the Surrogate, or experience feelings of jealousy that she is pregnant, etc., please contact us. All these feelings are natural. The important thing to know is that you have retained professionals who are always on hand to guide you in how to maintain or recover a relationship.

13.  Can the Surrogate try to keep the baby?  

No. The Surrogate has no genetic relation to the child. The Surrogate and the Intended Parents develop a close relationship throughout the surrogacy process. The Surrogate is excited for the new Parents to have a baby of their own, with her help. We take many steps to ensure that our Surrogates are psychologically sound and prepared to relinquish the baby upon birth. In fact, that is the moment they are waiting for - to see the Parents'  faces when they hold their baby for the first time. This is what being a Surrogate is all about.

14.  What about the Baby M case?  

The Baby M case [109 N.J. 396, 537 A.2d 1227] (1988) was a traditional surrogacy, in which Mary Beth Whitehead used her own egg and was inseminated with the Intended Father’s sperm. Unlike in a Gestational Surrogacy, Whitehead was the genetic mother of the child. The final ruling granted custody to the Intended Parents with visitation rights for Whitehead, based on the best interests of the child. The court refused to enforce the terms of the original contract.

15.  Will our insurance cover surrogacy?

Although the Intended Parents' policy may provide coverage for some fertility-related expenses (they will need to review their policy or check with their employer's benefits administrator), insurance policies do not cover third parties. Many agencies use the Surrogate’s work-related insurance policy. This is potentially fraudulent as many insurance companies have exclusions for surrogacy. We review the Surrogate's policy to determine if there is exclusionary language.  

16.  What insurance does your Surrogates have?  

Gift of Life Surrogacy, LLC, gets our insurance directly from "John Doe Insurance Company" to create a specific health insurance plan for Surrogates. The Intended Parents pay for the policy and will pay all premiums, co-payments and deductibles relating to maternity care and delivery. While it does add some costs to the surrogacy, it will give both parties peace of mind throughout the process.

17.  Where will the baby be delivered?  

The baby will be delivered where-ever the parties decide. Usually the delivery occurs in the Surrogate's home state, however, there are times when arrangements are made with the Surrogate to travel for the birth to the Intended Parents' state. Each surrogacy arrangement is tailored to fit the needs of both parties.

18.  Is it likely there will be more than one baby?

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It is possible, but not likely.  In Gestational Surrogacy generally more than one embryo is transferred, thereby increasing the possibility of a multiple pregnancy. This issue is explored thoroughly during your meeting with the us. Whether a Surrogate is willing to carry more than one baby is a significant factor we look at when making a potential match. Your desires in this regard are extremely important as this could potentially impact you and your family more than a singleton pregnancy.

19.  What happens if both of the Intended Parents die before the baby is born?  

If both Intended Parents die before the birth of the child, the Surrogate will relinquish the child at birth to the person named in the Will of the Intended Parents to serve as guardian of the child, which will be set up before matching with a Surrogate. Intended Parents must provide us with the full address and other contact information for guardianship. Intended Parents are required to carry life insurance naming the unborn child or a trust for the exclusive benefit of the unborn child as the beneficiary. The death of the Intended Parents prior to the birth of the child will not result in you being obligated or permitted to raise the child.

20.  What is the IVF process for Gestational Surrogacy?  

Every doctors office is different and thus every IVF protocol is different. This is a general guideline of what to expect. IVF used for Gestational Surrogacy is called a FET (Frozen Embryo Transfer)

Protocol for the Intended Mother   (or Egg Donor)  

At the beginning of her cycle, the woman will start injections of ovarian stimulating hormones selected for her individual situation to stimulate her ovaries to grow several eggs as opposed to one or two. To determine that the egg development is satisfactory, she will undergo ultrasound scans of the ovaries to see images of the enlarging follicles, which contain the eggs. She will also be taking a series of blood samples to check hormone levels. Once the eggs are large enough(18-20 mm) she will take an injection of hCG (Human Chorionic Gonadtropin) which will release an LH surge that stimulates the eggs to mature. Thirty-six hours after the hCG injection, the retrieval is done. The egg retrieval is performed using a needle guided by trans-vaginal ultrasound. During this procedure the follicles in the ovary are visualized by the ultrasound. A needle is then guided into the follicle through the vaginal wall. Fluid from the grape size follicle, which presumably contains the egg, is then withdrawn. This is called follicular aspiration. During this procedure, which may take less than 30 minutes, the patient is given sedation intravenously. Timing is very important for this procedure because unripe eggs may not develop in the laboratory if the retrieval is too early. If the retrieval is too late the eggs may also not develop or may be lost because of the natural release from the ovary. After retrieval, the patient is allowed to rest a short time before going home. The fluid obtained during the egg retrieval is taken to the laboratory where the eggs are isolated and mixed with properly processed sperm. This mixture is placed in incubators to allow fertilization to take place. The eggs are observed for fertilization 12-16 hours later, and placed in fresh culture medium for continued growth. Once cell division occurs in the fertilized egg it is then referred to as an embryo.

Protocol for the Surrogate  

The Surrogate will be placed on birth control pills to syncrinize her cycle with that of the Intended Mother's (Egg Donor's). Her cycle is usually a week ahead of the woman providing the eggs because after her uterine lining is optimal, she can be kept in a holding pattern for up to two weeks waiting for the eggs to become ready. About two weeks after starting birth control pills, the Surrogate will start Lupron. Lupron is a subcutaneous (just under the skin) injection to shut down the normal hormone production so the doctors can control the cycle and make sure everything is optimal for embryo implantation. Lupron is a daily injection that lasts about 4-6 weeks. Once the Surrogate begins her cycle the doctor will add Estrogen to her protocol. It can be given in pills, patches or injections. She will stop taking Lupron the day before the transfer but will continue on Estrogen. A few days before the transfer, Progesterone is added to the protocol, usually in the form of intramuscular shots. Estrogen is usually discontinued a few weeks into the pregnancy and progesterone somewhere between the 10th and 12th week of pregnancy. At that point, the placenta will take over and make all of the hormones the baby needs to thrive.

The Transfer  

Embryos that have developed satisfactorily are placed in the Surrogate's uterus three to five days after egg retrieval. This procedure requires cleansing of the vagina with a solution and then transferring the embryo/s into the uterus through a small catheter. This is a short and painless procedure not requiring sedation. The patient must lie down for a period of time after the embryo transfer. After the transfer, it is suggested that the Surrogate have at least 2-3 days of bed rest. Ten to fourteen days post transfer, the doctors office will do a blood (beta hCG) test that measures the amount of hCG to determine if there is a viable pregnancy.

Acronyms and Abbreviations used in surrogacy

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