FAQ's

The following are the baseline protocols that we follow in our egg donation and surrogacy practice. These are in full complianace with the protocols that Having Babies (MHB), considers as the most critical standard for an ethical surrogacy journey:

Informed consent: The personal commitment and medical risks associated with egg donation and surrogacy, including possible complications and invasive procedures, should be fully explained by the clinic to all parties involved before any contracts are signed or medical procedures commence. Surrogates and donors should be informed about their right to receive such advice before, during and after the medical treatments from an independent medical professional that is not directly compensated by the IPs.

Medical screening: Clinics should medically screen prospective donors and surrogates to ensure they are healthy and likely to complete the process with minimal risk to themselves or the child. The screening professional should be financially independent from the agency or any entity that receives a fee for finding medically suitable candidates, to avoid a conflict of interest.

Social and psychological screening: Agencies should conduct screening and take steps to insure that surrogates and donors are aware of the potential stressors associated with the surrogacy journey, that they demonstrate sufficient social-emotional wellness to participate in the surrogacy journey, and have the required supportive environment. In particular, steps should be taken to ensure that the surrogacy journey will not adversely and irreparably affect the surrogate’s close social relationships, and that her safety and long term well-being will not be jeopardized due to social stigma or disapproval.

Medical terms: The agency should facilitate an agreement among the parties prior to contract signing regarding planned and contingent medical treatments. These should include the following: limitations to the number of embryos to be transferred, the number of transfer attempts, invasive diagnostic procedures (such as amniocentesis), selective reduction, termination, and the method of delivery.

Contracts: Providers shall not commence with any medical treatments before contracts are signed between the parties that detail all obligations, restrictions, compensations and planned medical procedures. These contracts should remain accessible to all parties throughout the journey.

Legal representation: Agencies and attorneys shall make sure that surrogates and donors have effective and independent legal representation in contract negotiations and finalization procedures. Exceptions may only be made in uncontested parentage proceedings in which no conflict of interest exists or is likely to arise among the parties, or where good faith efforts have been made to ensure such representation without success.

Financial mediators: Agreed compensation, expense reimbursement and other financial arrangements affecting the surrogate and donor should be fully disclosed to them and paid to them or accounts owned by them, directly or through an escrow account. Should mediators or other individuals claim to represent the surrogate or donor financially, to the extent permitted by law, such arrangements or commissions have to be fully disclosed to and consented by all parties in advance, and payments to mediators should not exceed those terms at any point throughout the journey.

Language: Agencies and clinics should make sure that medical risks and contracts are explained to the surrogate and donor in a language they fully understand, and that the contract they sign is available in the language of their choice. Support and coordination functions should also be offered in the donor’s and surrogate’s language, and arrangements made to facilitate direct communication between the surrogate and IPs in the mutually agreed form and scope.

Insurance: The agency should make sure that the donor and surrogate have suitable medical insurance and life insurance in effect before medical treatments commence, and last until they have fully recuperated from the donation or delivery respectively. Applicable medical insurance should be in place for the surrogate even if IPs plan to pay for all pregnancy and labor charges privately, to cover her in cases of complications or other medical problems during the journey.

Accommodations: In cases where a surrogate agrees or desires to relocate to the vicinity of the clinic for any length of time during the journey, steps should be taken to ensure that she has ongoing access to her family and other sources of support, and that she is able to leave the facility at will.

Meeting the child: Regardless of the nature of the relationship between the parties, agencies need to ensure that at the very least, the surrogate has the right to see and hold the child she carried after the delivery.