Frequently Asked Questions

Generally, a surrogacy agreement should address the following: 

• The surrogate’s base compensation (pregnancy payments)

• Additional money the surrogate may receive, such as payment for certain medical procedures or reimbursement for surrogacy-related expenses 

• The surrogate’s health insurance policy, co-payments, deductibles, and reimbursement for out-of-pocket medical expenses

• How much will be held in escrow and when disbursements will be made

• Responsibilities and expectations of all parties during the pregnancy, childbirth and after birth

• Agreements as to sensitive topics, such as medical termination of a pregnancy, selective reduction, and dispute resolution

• Risk and liability associated with embryo transfer, pregnancy and childbirth

Considering that a surrogacy arrangement covers a long span of time, usually before an embryo is transferred until several weeks or months after childbirth, there are a lot of “what-if’s” to anticipate along the way. This is why it is important to work with an attorney with experience in surrogacy and fertility law who can help plan ahead.

It is recommended that each party (or couple) have their own legal counsel experienced in fertility law. This ensures that each party is fully informed of their rights and receives advice specific to his or her individual needs. It actually strengthens the agreement when everyone has their own counsel, as it may be more difficult to invalidate provisions of a contract if each party was represented by an attorney. In addition, some medical clinics require confirmation that each party was represented by an attorney before the contract was signed.

Our prices vary depending on the scope of our work. Visit our Contact page and fill out our inquiry form so that we can get back to you about pricing once we have more information about your needs.

Montana is considered a surrogacy-friendly state. Though Montana does not have any statutes that specifically address surrogacy, there is no law in Montana that prohibits it.

Because a surrogacy contract is generally 35+ pages single-spaced (there is a lot to cover!), it generally takes two to three weeks for the initial agreement to be drafted, reviewed by the intended parents, reviewed by the surrogate and her attorney, negotiated, fine-tuned, and signed and notarized by all parties.

It is standard for the intended parents to pay for the surrogate’s legal fees to avoid the arrangement becoming a financial burden for the surrogate and her family. Making sure that the surrogate has an experienced fertility lawyer strengthens the contract by minimizing the risk of invalidation by an empathetic court, so it is a wise investment for intended parents.

When we hear the term “surrogacy,” we envision a woman carrying a baby for someone else. But is the surrogate genetically related to the baby? It depends. The difference between a gestational and traditional surrogate boils down to one question: who supplied the egg?

In traditional surrogacy, the surrogate is also the egg donor, meaning she is biologically related to the baby she has agreed to carry for someone else to raise after the birth. Some parents gravitate towards traditional surrogacy because they are in need of both a surrogate and an egg donor in order to have a baby. Utilizing the assistance of a traditional surrogate can keep medical costs down. 

In gestational surrogacy, the egg used to create an embryo is provided by the intended parent(s), which can be from the intended mother herself, or from a donor egg. The intended parents’ embryo (or embaby, as we like to call it) is then implanted into the gestational carrier, who has no biological connection to the baby.

In a gestational surrogacy arrangement, the surrogate has no biological connection to the baby, so the intended parents have a strong argument should they ever need to go to court to enforce their parental rights. After all, they would not have otherwise agreed to transfer their embryo into another woman’s body! This is why it is recommended to obtain a prebirth order prior to the baby’s arrival, so that a court has already determined the legal parents and signed an order.  

A traditional surrogacy carries more risk, however, as the surrogate is also the egg donor and has a biological connection to the child.. If a traditional surrogate decides she wants to keep the baby, the intended parents would need to ask a court to make a determination of their parental rights in their favor, which may be more challenging. A court could decide that the traditional surrogate and the intended father are the parents, thus leaving the intended mother out of the picture! For this reason, gestational surrogacy is generally recommended because it carries less risk and greater protection for the intended parents.

Costs can increase if translation is needed. Also, intended parents may also need to consult with an attorney in their home country.

Yes! We use our experience, having assisted numerous intended parents and surrogates already, to guide our clients along the way, even if they elect not to work with an agency. While we love working alongside agencies, some parties choose to work independently for a variety of reasons. Some are surrogacy veterans, and others want to save on costs. An experienced fertility lawyer can help to make sure certain requirements are met and can guide parents through the complicated surrogacy process.

Surrogacy can be an expensive endeavor. To save money, some people elect to find their perfect match without the assistance of a surrogacy agency. While electing not to use an agency can cut down on overall costs, it does require more time and resources for the attorneys involved. Because of this, the legal costs can be slightly higher for those working independently versus those using an agency.

We provide the applicable government authorities with information in advance so that they are able to complete the birth certificate with the legal parents’ names.