Legal and Financial Responsibilities:
Legal Agreements: Intended parents are responsible for entering into legal agreements with the third party (e.g., sperm/ova Donors, Surrogates) and the fertility clinic. These agreements outline the roles, rights, responsibilities, and expectations of all parties. They also clarify parental rights and legal parentage.
Reimbursement: Intended parents must agree to reimburse third-party Donors (sperm, ova, or embryo Donors) and Surrogates for any reasonable expenses incurred, as per local laws (such as those in Canada, where compensation is prohibited but reimbursement for expenses is allowed).
Financial Support: They are responsible for covering all associated costs, including medical expenses, legal fees, fertility treatments, and compensation/reimbursement for Surrogates and Donors.
2. Health and Medical Considerations:
Informed Consent: Intended parents must fully understand the medical procedures involved in the process and sign all required informed consent forms. This includes understanding the potential risks, procedures for embryo transfers, medical evaluations, and fertility treatments.
Medical Decisions: Intended parents often need to make decisions about the medical treatment their Surrogate or Donor will undergo, including whether to proceed with specific treatments, embryo transfers, and other reproductive procedures.
3. Parental Rights and Legal Parentage:
Establishing Legal Parentage: The Intended Parents must work with a fertility lawyer to ensure their legal parentage is recognized through a court order or declaration of parentage after the child’s birth.
Legal Parentage Documents: They are responsible for ensuring that the necessary legal documentation is filed to establish that they are the legal parents of the child, even if a Surrogate or Donor is involved in the reproductive process.
4. Emotional and Psychological Support:
Support for the Surrogate or Donor: Intended parents are expected to provide emotional and sometimes physical support for the Surrogate (or Donor), acknowledging that these individuals are carrying or donating genetic material that will enable them to become parents. This may include providing emotional encouragement, maintaining regular communication, and respecting the emotional challenges involved in the process.
Counselling: In some cases, Intended Parents may be required to undergo counselling to ensure they are emotionally prepared for the journey and to address the psychological aspects of third-party reproduction.
5. Communication and Transparency:
Maintaining Open Communication: Intended parents must communicate openly with all parties involved (e.g., Surrogate, Donor, fertility clinic) to ensure transparency and avoid misunderstandings. This is important for both emotional well-being and ensuring that all logistical, legal, and medical concerns are properly addressed.
Respecting Boundaries: It is essential that Intended Parents respect the boundaries and privacy of their Surrogate or Donor, ensuring that their rights and personal space are respected throughout the process.
6. Involvement in the Pregnancy:
Monitoring Progress: Depending on the agreement, Intended Parents may be involved in aspects of the pregnancy, such as attending doctor’s appointments, ultrasound scans, and providing ongoing support to the Surrogate.
Decision Making: If any complications arise during the pregnancy, Intended Parents may need to make important decisions related to the health of the Surrogate or the unborn child.
7. Preparing for Parenthood:
Raising the Child: Ultimately, the Intended Parents will be responsible for raising the child once born. This includes all aspects of parenting, from ensuring the child’s health and well-being to providing an emotionally supportive environment.
Post-Birth Legalities: After the child is born, Intended Parents will need to work with their lawyer to ensure legal parentage is established and that they are recognized as the legal parents on the child’s birth certificate.
8. Ethical and Social Considerations:
Respecting the Surrogate or Donor’s Role: Intended parents must respect the role of the Surrogate or Donor, understanding that they have contributed significantly to the reproductive process. This includes not seeking to interfere with the Donor's or Surrogate's personal life post-delivery.
Understanding Ethical Guidelines: Intended parents should ensure that they are complying with all ethical guidelines for third-party reproduction, including ensuring the welfare of all involved parties and the child.
9. Confidentiality and Privacy:
Respecting Privacy: While communication with the Surrogate and Donors is important, Intended Parents must also respect the privacy and confidentiality of these individuals. This includes ensuring that any information shared during the process is kept confidential, unless agreed otherwise.
In summary, Intended Parents in any third-party reproduction project are responsible for the financial, legal, medical, emotional, and ethical aspects of the process. They must ensure that all agreements are in place, provide emotional support to Surrogates and Donors, and be prepared to legally and financially support the child they intend to raise. Their primary responsibility is to ensure that the process proceeds smoothly, in accordance with legal requirements and ethical standards, while preparing to become parents.