Responsible Surrogacy

Information regarding the ethical aspects of the process

Even in the best fertility clinics, there is a chance that the transferred embryo will not result in a pregnancy on the first attempt. Embryo transfers that are not successful also require medical preparations and sacrifices on behalf of the surrogate. Some agencies, especially in countries where supply exceeds demand in terms of surrogates, do not compensate women unless they are successful in becoming pregnant. In fact, because sometimes the surrogacy agreements are signed retroactively during the pregnancy, there is no contractual obligation to women who attempt embryo transfer but are not successful. Of course, this option reduces the overall cost of the process, especially in cases where many transfers are required in order to achieve a successful pregnancy. In addition, this allows for more frequent transfers, because the clinic can transfer the embryos to different potential surrogates and not wait for the same surrogate to be prepared for another transfer. On the other hand, it means that potential surrogates assume medical risks and treatments that affect their lives, with no guarantee of financial compensation and no medical insurance.

Generally speaking, surrogacy processes can be divided into those in which the surrogate’s identity is known in advance, and those in which there are several potential surrogates, and an agreement is signed with the one for which the transfer is successful. If a specific surrogate is chosen in advance, we recommend considering the issue of unsuccessful transfers in advance, including monetary compensation. If not, we recommend intended parents talk to their surrogacy agency in advance regarding compensation for unsuccessful transfers and medical insurance. In general, as noted in various places on this site, we believe that many issues require some form of interaction with the surrogate before transfers begin, and therefore believe it is better to attempt surrogacy with a single surrogate whose identity is known in advance.

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