Charlotte H. Danciu, P.A. Attorney at Law.

As a surrogate, you have absolute control over your body and the medical decisions that are made in the process of surrogacy. But what’s really important is your views on those issues that could potentially come up. For example, if a fetus was developing without a brain, would you be willing to terminate? How many embryos are you willing to carry? Will you carry for a gay couple? Will you carry for someone who has a medical issue? What about for someone of another race? That’s why it’s so important to have an attorney such as me with the experience that I have to make sure that you are matched with somebody who is on the same page as you on those tough issues.

I’ve had a couple come into my office who matched on their own or with some agency and had already spent $10,000 in medical screenings and this and that, but nobody asked the million-dollar question, which is: Would you terminate if there was a problem with the fetus? The woman whose eggs were being used was 42 years old, and of course, there is a high rate of chromosomal abnormalities over 40. The surrogate said, “Oh, no, I would never terminate under any circumstances!” And the mother-to-be was like, “Oh… gosh.” Not that I advocate either way. I feel like this is the decision of the parties, and of course, nobody can make you do anything.

I don’t often represent surrogates, but I’ve had surrogates approach me about what their contracts from the agencies they’re working with say. I’ve seen contracts that say it’s a breach of contract if the surrogate doesn’t terminate and they won’t get paid. That’s unconstitutional. It’s a woman’s right to abort or not to abort, so that should have been addressed in the beginning. You can’t put things in contracts that are not legal, not constitutional, and not enforceable. I get so upset when I see that, especially when it’s lawyers writing those contracts.

Overall, control over the surrogate’s body is absolutely there, but it’s really important for her to express her views and to be matched with a family that’s on the same page with her on those tough issues. In my opinion, surrogates have the right to have input and to have control, and they do have control over their bodies by law. When they are duped into believing that they don’t, then they are being done wrong, and they need to be very careful of who they are working with.

What Is The Average Compensation For Surrogacy In Florida?

In Florida, the law says you may be paid for your living expenses, which is basically a nice term for a fee. It’s nothing compared to what you are doing—there is no number that could be put on that. Some agencies and practices tend to lowball surrogates, and I think that’s so wrong and unfair. In my practice, a first-time surrogate could pretty much expect to get a base of about $35,000 and then all the extras on top of that for such things as maternity clothes, pre-natal yoga classes, pre-natal massages, lost wages if she were put on bed rest, and bed rest allowance for a nanny to care for her children and a housekeeper to clean her house. There are a lot of extras.

When it’s a repeat surrogate, somebody who has done it before, it ranges anywhere from $40,000 to $60,000 in my practice, depending on what the family can afford. These are families who I make sure can afford to take very good care of their surrogate because, again, the money is nothing compared to what she is doing. I think that she deserves not only money for her bills but also for her comfort, and if people aren’t willing to invest in her (which is ultimately an investment in their child), I’m not going to work with them.

For more information on Control Over Medical Aspects of Surrogacy, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (561) 330-6700 today.

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