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What
Our
Intended Parents Can Expect
Our
intended parents are individuals or
couples who are referred to us by clinics, other agencies, and word of
mouth.
We
understand the issues and concerns that
you may have regarding assisted reproduction and surrogacy as an option
for building your family.
This is a huge endeavor and we will do our best to guide you through
this
overwhelming process.
Our
firm believes in personalized service
for all
of our clients, and we
take an educational approach when working with you to ensure you fully
understand why and how you should proceed. We take the time to
listen to your concerns and answer any questions you may have. As
a
result, we have a better understanding of your situation and can help
you develop a family building plan tailored to your wishes.
Our caring and knowledgeable professionals provide
comprehensive surrogate matching services, legal counseling, guidance
and support as you navigate the assisted reproduction process
- from selecting the best surrogate to what you should do after the
birth of your child.
Choosing
the right attorney to represent you can be challenging and sometimes
confusing. Our professional and
personal experience and our unique program are key to helping you move
through
the assisted reproduction process and achieving your goals. We are not
a general family law firm. We are devoted exclusively to assisting
individuals
and couples build and protect their families.
We look forward to guiding you along your path to parenthood.
Types
of Surrogacy
Traditional
Surrogacy-A traditional surrogate acts as both egg donor and
surrogate. The surrogate is inseminated with either the intended
father’s sperm or donor sperm in a process called intrauterine
insemination or IUI. The Surrogate Mother is genetically related
to the
child.
Gestational
Surrogacy-Gestational surrogacy is the most common type of
surrogacy. An embryo created through in vitro fertilization (IVF)
is transferred into the uterus of the Surrogate Mother who carries and
delivers the baby. The Surrogate Mother’s egg is not used and she
is not
genetically related to the child. (The Surrogate Mother may be also
referred to as a Gestational Carrier.)
Getting
Started
Getting
started is easy. Complete the online Inquiry Form
or call our office
to request an information packet
and to schedule a free consultation. During your consultation, we
will discuss many aspects of assisted reproduction and surrogacy and
answer any questions you may have. It is our goal to ensure that
you fully understand the process and the law and that you feel at ease.
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Matching
Process
Perhaps
you have been referred to us or found our web site on the internet, but
no
matter who or what prompted you to contact us we are excited to outline
our Surrogacy Program to you. If you started out via e-mail, you know
that we
give limited information out through that source. It is our belief that
a phone or in-person consultation is the best way to share
information with you about our
services
and options that will assist you with making an informed decision.
During your free consultation, we
will discuss
in detail all aspects of our program and answer any questions you may
have.
Only then do we ask if you would like an information packet.
The
Matching Process begins:
You
will be matched with a Surrogate Mother based on your preferences,
personalities, your clinic requirements, and any other requirements
that
are important to you. We want you to feel comfortable with your
Surrogate Mother. After all, she is going to be taking care of your
developing baby.
Once
you
have retained our services and we have your information packet in hand,
along
with our notes from personal conversations, we look through our
thoroughly screened, potential
candidates for a match. This means that the expectations, needs and
requirements are met on a similar level with all parties involved. Once
we have
a possible match, we contact the Surrogate Mother and then the Intended
Parents and provide profiles to each party. If
each party is interested in moving forward, we then set up and
facilitate a 3-way
phone
conference. If the phone conference is successful, then the next step
is
usually arranging a face-to-face meeting. One of our experienced staff
members will be on hand to facilitate this meeting as well. Once the
face-to-face meeting is
completed, and we are informed of the desire of each party to work
together, we will
assist in
setting up appointments for the medical and psychological testing. We
will also
make sure that each party has legal representation and that contract
obligations are
discussed. If you are in need of an Egg Donor, we will put you in
contact with
several professionals to assist you with those needs if
you have
not done so already.
The
Contract Phase:
You
are
now matched and are in agreement on the terms of compensation and other
relevant fees. It is now time to draft the
contract. We will draft the contract to include all agreed upon
terms and conditions.
We
help you
structure your agreement with your Surrogate Mother in a way to ensure
your
parental
rights are fully
protected. Not only do we draft agreements that comply with the
law, but our agreements are designed to avoid problems that may arise
and to better protect you in case a dispute should ever
arise.
Usually
the Intended Parents have our
firm
draft the contract, but at times, the Surrogate Mother’s attorney may
be the
better
one for the job. In both cases, you, the Intended Parents, are expected
to pay for all
legal
expenses.
Funding
of the Escrow Account:
Prior
to any medical procedures (medical protocol or medications taken), you
will be expected to fully fund the Escrow account on behalf of the
Surrogate Mother that
will be managed by a third-party Escrow Agent. These funds will be used
to pay for the
costs and fees agreed upon in the contract between you and your
Surrogate Mother. These fees include, but are not limited to, surrogate
compensation
expenses, medical co-pays, insurance costs, travel, etc. You should
receive a statement itemizing the expenditures of each month.
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Ongoing
Support
Our
personalized support program gives our Intended Parents peace of mind
and as smooth a journey as possible. We understand how important it is
to receive timely calls and updates. Accordingly, we provide a broad
range of support services for our Intended Parents
and their families, from the moment you are matched to the birth of
your baby and beyond.
Attempting
to Conceive:
The
time
frame of possible conception varies depending upon the type of
surrogacy being
used, Gestational or Traditional. Cycles are synchronized between the
Gestational Surrogate and the Egg Donor (whether it’s the Intended
Mother or a
separate Egg Donor) by the IVF physician of the Intended Parents'
choice. The embryo
transfer generally occurs within four to eight weeks from the date that
the
Surrogate Mother and Egg Donor begin medications. The average contract
allows
for
three attempts. In the case of Traditional Surrogacy, if quarantining
of the
sperm is waived, the artificial inseminations can begin right away
depending on
where the Traditional Surrogate is in her cycle. Usually a Traditional
Surrogate will
agree to six
attempts.
Pregnancy:
We
all
hope that the first attempt at achieving pregnancy is successful,
whether you are using a gestational
or
traditional surrogate. In the case of a gestational pregnancy, the
Surrogate Mother will be monitored by the infertility clinic of the
Intended
Parents'
choice for
the next ten to twelve weeks before being released to the obstetrician
of the
Surrogate Mother's choice. A traditional surrogate will see her
obstetrician
immediately and
should
continue to receive psychological support throughout her pregnancy.
Parental
Rights:
Before
the birth, any legal filings or procedures will take place to establish
the parentage of the baby. This varies from state to
state
and we will guide your through this process.
Birth!:
Congratulations!
In most cases the Surrogate Mother, along with her family, share this
very
exciting
and rewarding moment with the Intended Parents. After delivery and the
release
of the baby from the hospital, the Intended Parents leave the
hospital as a
complete family. The Surrogate Mother goes home to her own family with
the
deep
satisfaction of having been responsible for her invaluable role in
helping to
create a much-wanted family.
Beyond:
We
understand that the birth of your baby is a very joyous time.
However, most parents do not realize that this is also a
very important time to create an estate plan or revise your current
estate plan to ensure your little one is well protected in the event
something happens to you.
We will work with you to provide a straightforward, easy to understand
family protection plan that protects your minor children and assets and
prepares
your family for the future.
Contact us today for more information about estate planning discounts
for Intended Parents.
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Anticipated
Fees and Expenses
A
detailed list
with costs estimates for legal fees, clinic fees and surrogate mother
fees will be included in the Intended Parent Information Package.
The
Surrogate Mother will determine the fees for carrying and
delivery with our guidance. Below are the average fees and expenses:
First
time Surrogate Mother: $18,000 to $20,000 (paid in
installments)
Experienced
Surrogate Mother: $25,000 to $35,000 (paid in
installments)
Additional
compensation is provided for the following:
- Monthly
expense allowance (including local mileage, child care and lost wages
while attending appointments to carry out the terms of the
agreement, over the counter medications, telephone calls, other
incidental reasonable expenses)
- Maternity
clothing
- Embryo
transfer fee
- Carrying
multiples
- Invasive
procedures (amniocentesis, Chorionic villus sampling (CVS),
termination, selective reduction, D&C)
- C-section
(if medically required)
Intended
Parents are responsible for all expenses such as travel, medical fees,
child care, medications, attorney’s fees, phone calls, etc.
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Things
to Consider
- All
parties need to agree to psychiatric and STD testing (with
medical releases to each party).
- All
parties need to agree to the number of embryos to be transferred
and the number of attempts at IVF (with the guidance of the doctor and
embryologist).
- Gestational
Carrier or Surrogate Mother should agree to HLA Paternity Testing, if
requested.
- Whether
all parties will waive the right to (medical) confidentiality.
- Amniocentesis-when/if
should it will be done and under what
circumstances.
- What
to do about multiples, reductions, miscarriage or abortion. What are
your feelings about these issues? What compensation should be
given for any of these issues?
- Will
the Intended Parents agree to accept responsibility for (their) child
born with birth defects?
- Think
about and discuss the Intended Parents' responsibility for the
following costs: medical, legal, hospital, pharmaceutical, laboratory,
Lamaze classes, mental health counseling, maternity clothes, bed rest,
lost wages, child care, travel costs, etc.
- Compensation
for living expenses (also known as the base fee). These are the monthly
expenses. Extra compensation is provided for the
start of
medication and for embryo transfer(s).
- Term
Life Insurance policy to be set up and paid for by the Intended Parents
in the amount of at least $250,000.
- Disability
Insurance (for working mothers) to be set up and paid for by the
Intended Parents.
- What
happens if the Intended Parents die while the Gestational Carrier or
Surrogate Mother is pregnant? Who is responsible for the baby? Do you
have a list of people allowed to leave the hospital with the baby.
- What
happens if the Gestational Carrier or Surrogate Mother is in an
accident while pregnant and is brain dead? How long will she
remain on life support? Who makes that decision? What if the insurance
will not pay for life support?
- What
is expected during the labor and delivery? Do you want time alone with
the baby for the Gestational Carrier or Surrogate Mother?
- What
is expected after the birth? Photos? Limited contact? No contact with
the Surrogate Mother?
- There
maybe other issues that come up because of individual circumstances.
Open communication is a must.
Inquiries
and Questions
To
learn more about our program, please call us and request an Assisted
Reproduction and Surrogacy Information Package. For your
convenience, you can CLICK HERE to schedule a call with
Nicole Kinsey White, Esq.
Join
Our Community
Whether
you are trying to start or expand your family or if you are concerned
about protecting your family and assets, Kinsey Law Group, P.C. will
work with you and provide the guidance and support you need.
Please
add your name to my confidential e-mail list. When you join my private
e-mail list, you will receive useful tips, practical advice,
informative articles, updates about the law, advance notice of
seminars, our FREE E-Books, and more.
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To
learn more about how we can help you, please feel free to explore this
website and our blog.
Use the "Contact Us" link above to send us any questions you may have
or to
make an appointment.
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