Gestational surrogates can help same-sex couples and others grow their families. By carrying an embryo to term, a gestational surrogate provides a critical service that allows those with medical challenges or other complicating factors to add children to their families.
Gestational surrogates often receive compensation for the services they provide. However, they may incur substantial medical expenses during pregnancy, labor and postpartum recovery. They may worry about how medical expenses could affect their finances.
Who is typically responsible for the medical costs incurred by a gestational surrogate?
New York makes parents responsible
The prospective parents are typically financially responsible for the costs associated with a surrogate pregnancy. New York specifically requires that the hopeful parents pay for all necessary medical care for their gestational surrogate.
They must continue to cover medical costs related to the pregnancy for 12 months after the end of the pregnancy. Current state law requires that the parents hiring a gestational surrogate carry medical insurance to cover the surrogate’s costs during and after the pregnancy.
They typically also need to pay for life insurance that covers the surrogate. The aspiring parents may also want to consider additional insurance coverage that addresses unexpected medical expenses, the potential reproductive damage the surrogate could develop and even bed rest insurance if she cannot work due to medical restrictions later in the pregnancy.
Especially in cases where health insurance may not cover a surrogate’s expenses, ensuring that an agreement signed by all the parties involved effectively explains financial liability is of the utmost importance. Having guidance while negotiating a surrogacy agreement can protect parents hoping to grow their families and women intending to act as gestational surrogates.