IARC’s services are comprehensive and result in a seamless process with a handful of dedicated points of contact who handle all aspects of your program as you move through the different stages of this journey.
“Everything has run like clockwork. It’s really amazing how the process can run in a seamless manner. ”
– MD, Father
A surrogacy contract will be drafted for you by our companion law firm, Steven H. Snyder & Associates. The benefit to you and the surrogate of our law firm drafting your contract is that we are fully familiar with the details of your match process leading up to that point and can fully contemplate all the specifics of your match into the contract from the start. The contract will contemplate issues that need to be detailed such as amniocentesis, abortion, multiple birth payments, lost wage and child care reimbursement, and insurance coverage for the pregnancy and newborn, all of which are discussed prior to confirming the match. Sometimes negotiations are required, and we find that IARC’s facilitation of these negotiations keeps your relationship with the surrogate positive during this more “transactional” stage.
The agreement will be reviewed by the surrogate with her own independent attorney, which is critical to ensure her best interests are also protected. If your surrogate resides outside of Minnesota, our companion law firm will need to associate with a separate attorney on your behalf in the surrogate’s state to review the contract to ensure compliance with that state’s laws. Because your baby will be born in the surrogate’s home state, much of the legal work must be completed there through that attorney, with IARC overseeing all steps. Once matched, IARC will facilitate a phone consultation with an experienced attorney in your surrogate’s state to help you understand the legal road ahead and confirm you’re comfortable with that attorney.
For clients outside the U.S., we also highly recommend an attorney in your home country review the contract to confirm its terms are compatible with the establishment of your parentage in your country when you return home. A successful journey does not end with the birth of your baby in the U.S., it ends with your rights as a parent being fully recognized when you return home!
The insurance industry in the United States has a great deal of control over every area of medical coverage. It is critical you have an expert review the terms of your surrogate’s insurance policy to determine its suitability to cover the surrogate pregnancy. This is often a complex determination process based on insurance laws and regulations, so an attorney experienced with these reviews or an insurance expert must complete the review. IARC’s companion law firm has the necessary expertise to make this assessment for you in-house prior to you being presented with a potential surrogate match. You therefore know whether the candidate has the type of insurance you need when you receive the profile. You will view her insurance policy details and the full policy booklet prior to confirming a match. Approximately 1/3 of the policies reviewed are NOT suitable to cover the surrogate pregnancy, in which case there may be low-cost alternative options available. IARC will walk you through this and assist in obtaining that alternative coverage when needed.
Please note there can never be any guarantees when it comes to medical insurance coverage. However, you minimize your risk in this category by working with an agency who has expertise in this area, as IARC does.
U.S. clients will use their own insurance policy to over the newborn’s medical expenses from the moment of birth. Mid-pregnancy, your IARC Coordinator will remind you to confirm how to establish this coverage.
International clients typically require U.S. insurance for the newborn. Low-cost options are available for most IARC surrogate matches. This requires the surrogate to live in a state where a post-birth legal process is available and the correct newborn insurance options are available, both of which are assessed by our legal experts. If you require this, this will be assessed and confirmed PRIOR TO confirming your surrogate match. There are higher-cost international newborn plans available, however the cost is prohibitively high for many clients. IARC’s ability to secure low-cost newborn insurance for international clients is an area of expertise unique to IARC that many other surrogacy agencies do not have. For international clients, newborn medical expenses is your greatest and most expensive area of risk, so you must feel reassured you are in expert hands when it comes to this aspect of your process.
Please note there can never be any guarantees when it comes to medical insurance coverage. However, you minimize your risk in this category by working with an agency who has expertise in this area, as IARC does.
The process to establish your parentage of the child will vary based on the state in which your surrogate resides. The process may be done pre-birth or post-birth depending on the laws and legal procedures available in your surrogate’s state.
If you are an international client, a post-birth order is required if you wish to have access to reliable U.S. insurance for the newborn. Many IARC surrogates reside in states where this option is available. We will confirm the legal process in your surrogate’s state is suitable for your needs BEFORE you confirm a match with a surrogate, and you will receive a detailed outline of the legal process in that state at that time. In the event your parentage is established post-birth, the key requirements we look for are 1) there is a mechanism available for you to have authority to act as the parent from the first moment after birth to provide all care and make all medical decisions for the baby, and 2) the steps to establish your parentage and get a birth certificate listing your name(s) is a well-established, predictable process in that state and can be done quickly after the child is discharged from the hospital (typically within 4 weeks).
All parents are required to put legal documents in place prior to the first embryo transfer to designate guardianship of your child in the event of your death or incapacitation after a pregnancy is confirmed but prior to birth. Although this requirement is not highlighted by many agencies, this is a critical protection for your child and for the surrogate, and IARC’s values require that we facilitate a process that offers maximum protections to all parties in this process.
Contact us or schedule a free consult for more information.