Assisted Reproduction Attorney

Again, there is no legal requirement that the surrogate or gestational carrier be represented by counsel, but it is strongly recommended. It is customary for both parties to have their own counsel to get legal advice about the contracting process. We have experience representing both intended parents and surrogates/gestational carriers.

Generally speaking, the intended parents are responsible for all costs associated with a surrogate pregnancy, including medical costs. Sometimes the surrogate or gestational carrier will have medical insurance coverage that will pay for some of the medical costs associated with the pregnancy. We can help you figure out whether the surrogate has insurance, and if so, whether that insurance will cover any costs of the surrogate pregnancy.

Maybe. State-funded health insurance in Ohio, which is called Medicaid, Care Source, Buckeye Health Plan, Molina, or other names, cannot pay for medical costs associated with a surrogate pregnancy.
And, depending on the amount of the fee paid to the surrogate, the fee may disqualify the surrogate from state-funded coverage. This can be problematic if there is no other insurance available to the surrogate, or if the surrogate’s own children are covered by a state-funded policy.

Generally, the intended parents are responsible for all costs associated with the surrogacy or gestational carrier process. This includes medical costs and legal fees for all parties. It may also include incidental expenses of the surrogate or gestational carrier, including lost wages, transportation, child care, housekeeping, maternity clothing, and other costs.

The parties also sometimes agree that the intended parents will pay a fee to the surrogate or gestational carrier for her services gestating and giving birth to the baby. In some cases, the parties agree that the intended parents will pay the surrogate or gestational carrier additional compensation for particularly invasive medical procedures or the loss of fertility as a result of the pregnancy.

Our Ohio assisted reproduction attorney can help you make an agreement that captures the agreement of all the parties and ensures that everyone’s rights and responsibilities are clear.

In Ohio the legal process associated with surrogacy or employing a gestational carrier include the negotiation and execution of the contract between the parties prior to embryo transfer and, if pregnancy is successful, obtaining a court order establishing the intended parents as the legal parents of the child.

 

We generally recommend that the parties begin the process of obtaining a parentage order at about 28 weeks of gestation, and a little earlier for multiples. This will reduce the risk of scrambling around on legal issues during childbirth or when you are parenting your newborn.