The roles and responsibilities of a Surrogate can vary depending on the type of surrogacy agreement (gestational or traditional), but in general, they include the following:
1. Medical Responsibilities:
Undergoing Medical Procedures: The Surrogate undergoes various medical procedures, including embryo transfer (in gestational or traditional surrogacy) or artificial insemination (in traditional surrogacy only), to become pregnant. The Surrogate may also take prescribed medications to support pregnancy and ensure the embryo’s development.
Regular Medical Checkups: The Surrogate is responsible for attending all required medical appointments, including ultrasounds, blood tests, and prenatal checkups to monitor the health of both herself and the developing pregnancy.
Healthy Lifestyle Choices: The Surrogate is expected to maintain a healthy lifestyle throughout the pregnancy, including proper nutrition, exercise, and avoiding substances that could harm the pregnancy, such as alcohol, drugs, and smoking.
2. Legal Responsibilities:
Signing Surrogacy Agreements: The Surrogate enters into a legal agreement with the Intended Parents, which outlines all the terms and conditions of the surrogacy arrangement. This agreement will specify her rights, obligations, reimbursement (if applicable), and other legal matters such as parental rights and the responsibilities of all parties.
Obtaining Independent Legal Advice (ILA): It is best practice (although not required by law) for the Surrogate to receive independent legal counsel to ensure she fully understands her rights and responsibilities before signing any surrogacy agreement.
Respecting Parental Rights: The Surrogate agrees to the legal arrangement where the Intended Parents will be recognized as the legal parents of the child following the birth. She will comply with any procedures necessary to facilitate the Intended Parents’ legal parentage, such as signing statutory declarations or court documents (affidavits and consents) after the birth.
3. Emotional Responsibilities:
Clear Communication: The Surrogate must maintain open and honest communication with the Intended Parents throughout the pregnancy, including sharing any concerns or health updates that may arise.
Emotional Well-being: While the Surrogate is carrying the child, it is important that she has the emotional and psychological support she needs. This may include counselling or therapy sessions to help manage the emotional aspects of carrying a child for someone else.
4. Pregnancy-Related Responsibilities:
Prenatal Care and Delivery: The Surrogate carries the child to term, attends all necessary prenatal appointments, and ultimately delivers the child, typically in the manner outlined in the agreement (e.g., vaginal birth, C-section, etc.).
Following Medical Advice: The Surrogate is expected to follow her healthcare provider’s advice during the pregnancy, including attending to any complications or medical conditions that may arise.
5. Post-Birth Responsibilities:
Postpartum Care: After the birth, the Surrogate may be required to participate in a post-birth medical checkup to ensure her physical and emotional recovery.
Legal Process of Parental Transfer: If applicable, the Surrogate may have to participate in the legal steps required to transfer parental rights to the Intended Parents, including signing necessary documents that affirm their legal parentage.
6. Confidentiality and Respecting Boundaries:
Maintaining Confidentiality: Depending on the terms of the agreement, the Surrogate may need to maintain confidentiality about the Intended Parents’ personal information and other sensitive matters related to the surrogacy process.
Respecting Boundaries: The Surrogate is expected to honor the boundaries set forth in the surrogacy agreement, including maintaining a professional relationship with the Intended Parents while respecting their preferences for communication and involvement during the pregnancy.
7. Support and Reimbursement (If Applicable):
Financial Reimbursement: In Canada, Surrogates are typically reimbursed for their time, effort, and medical expenses. The terms of reimbursement (if applicable) will be specified in the surrogacy agreement. This is different from compensation, as reimbursement only covers specific expenses related to the pregnancy, such as medical costs, travel expenses, and other out-of-pocket expenses incurred during the surrogacy process.
Reimbursement for Expenses: Surrogates are reimbursed for various expenses related to the pregnancy, including medical costs, travel expenses, and any other reasonable costs that arise during the surrogacy process, as outlined in the surrogacy agreement.
Conclusion:
A Surrogate plays a crucial role in helping Intended Parents build their families, and her responsibilities cover a wide range of medical, legal, emotional, and logistical tasks. Clear communication, legal agreements, and emotional support are essential to ensure the surrogacy process goes smoothly and all parties understand their roles and responsibilities.