What Are the Risks of Surrogacy? A Cautionary Guide

Surrogacy can be a beacon of hope for many. It offers a path to parenthood for many individuals and couples who cannot conceive naturally.

However, like any significant life decision, it comes with its own set of risks and challenges.

So, what are the risks of surrogacy?

This article aims to shed some light on these risks. We will examine the medical, emotional, legal, and financial aspects of surrogacy.

We will also explore the ethical issues surrounding surrogate motherhood. These can often be complex and require careful consideration.

Join us as we explore the potential risks and problems with surrogacy and learn how to sidestep them on your path to parenthood.

Definition of Surrogacy

Surrogacy is a reproductive arrangement in which a woman carries a child for another person or couple.

This agreement often comes into play when intended parents face medical or personal barriers to conception and pregnancy.

From a medical standpoint, there are two main types of surrogacy: traditional and gestational.

In traditional surrogacy, the surrogate is inseminated with the intended father’s sperm. This makes her the biological mother.

Meanwhile, gestational surrogacy involves implanting an embryo created using IVF. In this arrangement, the surrogate has no genetic ties to the child.

You can check out this detailed guide to see how traditional and gestational surrogates differ from each other.

That said, surrogacy is a nuanced process that involves an array of medical, legal, and emotional considerations.

It starts with a thorough screening and matching process. It all culminates and ends in the transfer of custody to the intended parents after birth.

Understanding these fundamentals is the first step for anyone considering this journey.

Overview of Surrogacy Risks

Engaging in surrogacy comes with several inherent risks that everyone involved must consider.

But what are the risks of surrogacy, and what do they entail?

Medical risks in assisted reproductive technology are, of course, a primary concern.

However, the emotional and psychological aspects of surrogacy can also have a significant impact.

For instance, sometimes traditional surrogates experience attachment issues with the child.

Intended parents, on the other hand, might face anxiety over the pregnancy’s outcome.

These emotional challenges necessitate strong support systems and preparedness.

Legal risks add another layer of complexity to surrogacy arrangements. Varying laws can create a myriad of complications.

Moreover, surrogacy is often subject to heated ethical debates. Critics argue that commercial surrogacy can lead to the exploitation of surrogates and the “commodification” of childbirth.

In the following sections, we will examine all these considerations in greater detail.

What Are the Medical Risks of Surrogacy?

As mentioned above, being a surrogate mum comes with a range of medical risks that can pose considerable challenges.

In fact, gestational surrogates are three times more likely to experience severe complications than those who conceive naturally.

The medical process starts with fertility treatments, which include hormone injections to prepare the uterus for pregnancy.

While these treatments are often necessary, they bring inherent medical risks to the surrogate.

Complications such as ovarian hyperstimulation syndrome can also occur. This is a serious condition caused by the body’s response to fertility medications.

Additionally, the surrogate could also face risks related to egg retrieval or embryo implantation.

The surrogate’s health is paramount during this phase, requiring constant monitoring and medical evaluation.

Other potential health risks posed by surrogacy include:

• gestational diabetes,
• high blood pressure, and
• a higher chance of carrying multiple births.

Physical Risks of Surrogacy Procedures

Preparing the surrogate for the pregnancy ahead begins with extensive medical procedures, each carrying potential health risks.

These include, but are not limited to, the administration of fertility medications and the surgical transfer of embryos.

For instance, the embryo transfer procedure can sometimes cause discomfort or injury.

Moreover, circumstances sometimes require repeated transfer attempts, which can further increase physical strain.

These medical procedures and interventions can significantly strain the surrogate’s body.

Therefore, intended parents should learn more about these potential health risks to plan and protect their surrogates’ health adequately.

Complications from Medications

Surrogates are subject to extensive medical procedures and medications, each with possible side effects.

Some of the most commonly used medications include fertility drugs. These medications, which aim to stimulate egg production and prepare the surrogate for pregnancy, can cause severe reactions.

As we already mentioned above, one of these conditions is the ovarian hyperstimulation syndrome.

This syndrome can manifest in several symptoms, including abdominal swelling and nausea.

In extreme cases, it can lead to kidney failure or blood clots.

Thus, the use of these powerful drugs necessitates medical supervision at all stages.

However, the administration of medications does not always end when the surrogate achieves pregnancy.

Sometimes, a surrogate requires ongoing hormonal support. This poses another drug-induced risk that healthcare professionals must carefully oversee.

Health Implications for Surrogate Mothers

Even though pregnancy is demanding under any circumstances, the process of surrogacy presents unique health considerations.

For instance, surrogates often grapple with pregnancy-specific health issues such as gestational diabetes or pre-eclampsia.

These conditions necessitate constant monitoring to prevent harm to both the surrogate and the fetus.

Carrying a multiple pregnancy is another more common occurrence in surrogate mothers. This could potentially lead to birth complications or even preterm labor.

As such, healthcare professionals should consider the surrogate’s past pregnancy history to assess risks and tailor care accordingly.

Another important aspect to consider is postpartum recovery. Sometimes, surrogates require special medical care post-delivery to ensure complete recovery.

Taking all this into consideration, it is clear that adhering to best medical practices ensures a safe surrogacy experience.

What Are the Emotional and Psychological Risks of Surrogacy?

The emotional and psychological issues of surrogacy are often neglected or entirely dismissed.

However, this aspect of the surrogacy journey is just as important as its medical aspects.

Because surrogates carry a baby for someone else, they must be emotionally resilient.

For intended parents, surrogacy can also prove to be an emotional rollercoaster.

Anticipation, anxiety, and joy can all become a part of the surrogacy journey. The hands-off nature of surrogacy can further amplify these emotions.

Make no mistake – the mental load of surrogacy can weigh heavily on both the surrogate and the intended parents.

This makes having psychological support essential for every point of the surrogacy journey.

Emotional Challenges for Surrogates

Carrying a child for someone else can lead to profound emotional experiences for surrogates.

The emotional bond between the surrogate and the baby can become surprisingly strong, making the eventual separation difficult.

Surrogates may also sometimes face public scrutiny or judgment from others.

This can add another layer of emotional complexity and affect the surrogate’s family members significantly.

For surrogates, understanding and preparing for these potential emotional highs and lows beforehand helps maintain life balance.

Impact on Intended Parents

The emotional challenges of surrogacy are not restricted to surrogates alone.

Intended parents experience their own set of emotional challenges during the process.

The lack of control over the surrogacy process can often cause anxiety and stress.

Concerns over the baby’s development can also be a major cause of stress as the due date approaches.

Counseling and support groups can be invaluable assets in preparing intended parents for the emotional journey ahead.

The Importance of Psychological Support

Professional psychological counseling and support play a key role in easing the psychological and emotional risks of surrogacy.

For surrogates, ongoing therapy sessions can help eliminate obsessive emotional attachments and postpartum changes.

Intended parents can also benefit greatly from psychological support. Mental health professionals can help them cope with stress in periods of uncertainty.

Ultimately, fostering emotional health throughout surrogacy contributes to a more positive experience for everyone.

What Are the Legal and Ethical Issues In Surrogacy?

Surrogacy is a complex field, and navigating its legal component requires a deep understanding of the law.

For a surrogacy contract to work, it must be clear, comprehensive, and legally binding.

Surrogacy also comes with a range of ethical dilemmas and considerations, often controversial.

Varying laws across countries and states add another layer of complexity to surrogacy.

International arrangements, in particular, face unique challenges that need careful management.

Understanding and preparing for these challenges accordingly is crucial for intended parents and surrogates.

Legal Complications In Surrogacy Contracts

Surrogacy contracts can face various legal challenges.

Laws vary across states and countries, making compliance challenging.

These agreements must clearly outline rights, responsibilities, and compensation.

Disputes often arise over custody, medical decisions, or broken terms.

Ignoring local regulations can also invalidate the contract entirely.

To avoid these risks, intended parents and surrogates should work with an experienced ART attorney.

A well-drafted gestational surrogacy agreement protects everyone involved and ensures legal compliance.

Ethical Issues in Surrogate Motherhood

Surrogacy raises several ethical concerns, and there are many arguments for and against surrogacy.

Critics question the “commercialization” of surrogacy and its impact on vulnerable women.

Some worry about exploitation, especially when surrogates come from low-income backgrounds.

The ethical debate also includes the rights of the child, the surrogate, and the intended parents.

Issues like emotional attachment, informed consent, and fair compensation often arise.

Addressing these ethical issues requires transparent practices and ethical vigilance.

Working with a reputable surrogacy agency ensures ethical practices and builds trust throughout the surrogacy process.

Cross-border Legal Challenges

Cross-border surrogacy brings unique legal challenges.

When laws in the surrogate’s country differ from those in the intended parents’ country, legal issues can occur.

Moreover, discrepancies in medical regulations and insurance coverage can create additional obstacles.

International intended parents pursuing surrogacy in the USA may also face many challenges and delays in the process.

They may face difficulties obtaining the necessary documents, like passports and visas for the baby.

At FSLG, we help international intended parents in the U.S. navigate these challenges.

Our attorneys offer expert legal advice tailored to your situation, ensuring a smooth surrogacy process.

What Are the Financial Risks of Surrogacy?

Surrogacy is expensive, and costs can often exceed initial estimates. For intended parents, understanding the financial risks is key.

The financial commitment involves paying agency fees and medical and legal services. However, many unexpected associated costs may arise, requiring substantial financial flexibility.

Of course, ensuring fair compensation for the surrogate is a vital component of the process.

The compensation they receive has to cover all reasonable expenses and not jeopardize their health and well-being.

Unforeseen Costs for Intended Parents

Surrogacy often comes with unforeseen expenses that can strain the budget.

Medical complications, such as additional tests or treatments, can increase costs.

Unplanned legal fees may also arise for drafting or modifying surrogacy agreements.

In addition, insurance coverage might not include all surrogacy-related expenses, leading to extra costs.

Moreover, travel expenses for medical appointments or staying near the surrogate can also pile up.

Most states require intended parents to hold funds in escrow or an attorney-client trust account.

This ensures that money is available for medical and legal expenses throughout the process.

Financial Stability for Surrogates

Financial security is essential for surrogates.

The compensation structure should be clear, fair, and comprehensive and reflect the surrogate’s commitment and effort.

It should cover all pregnancy-related expenses to ensure their well-being throughout the process.

Most surrogacy agreements specify clear payment schedules to ensure surrogates receive timely payments.

Establishing clear financial agreements before the surrogacy begins ensures peace of mind for the surrogate.

Conclusion

Evaluating the pros and cons of surrogacy is essential before making a decision.

This is equally as important for surrogates and intended parents.

Weighing the benefits of being a surrogate against the reasons why surrogacy is bad or risky is crucial.

For intended parents, surrogacy also comes with a range of emotional, legal, and financial risks.

To minimize the inherent legal risks, it is crucial to consult with professionals who specialize in fertility law.

FSLG is here for you to provide expert legal advice and comprehensive support. Contact us today to learn more about how we can help you through every step of the surrogacy process.