Loss of Reproductive Organs and Surrogacy Contract
Reimbursement for loss of reproductive organs is a fairly new concept and one that I honestly disagree with, however, no matter what you think in this case…it matters if it is a deal breaker for the surrogate or future parent when it deals with contract issues.
When a surrogate agrees to enter into a contract with the intended parents, it is usually written SOMEWHERE in the contract that she, the surrogate, is aware of the complications of childbirth. This can be worded in many different ways, but what this section really tells women is that they know there are risks to pregnancy and childbirth. The risk of an ectopic pregnancy, the risk of miscarriage, the risk of infections, the risk of C-sections, the risk of high blood pressure, the risk of gestational diabetes, the risk of hysterectomy, and yes, even the risk of death. This list is as long as my arm, but I think my point is pretty clear. Being a surrogate is risky! (That’s why you need health and life insurance!)
Asking for a fixed amount in case of loss of reproductive organs has been seen in quite a few of the newer contracts. I have noted between $15,000 and $25,000 depending on the reproductive organ lost. In the case of an ectopic pregnancy, one ovary can be damaged or lost, and with a hysterectomy the uterus and other parts of the reproductive system are removed. Each of these situations is usually necessary in emergency circumstances. Even in the case of a D&C miscarriage, the uterine lining can be damaged and a condition called Asherman’s syndrome can occur and make the surrogate unable to have anyone, including herself.
Most of these organ-threatening situations are rare, but they do happen. Many agencies and clinics will ask the woman who wants to be a surrogate mother if she feels satisfied with her family at the moment. Would she regret it if she couldn’t add her own family in the future? If so, is that a risk she’s willing to take? And let’s be honest, no amount of money is going to get a woman high for her loss of fertility. Even $25,000 isn’t going to scratch the surface of replacing her ability to get pregnant and have her own child. (How well her own parents-to-be will know!)
