To help you learn more about family formation, Tennessee Baby Law provides information you can use in whatever path you choose to take.
This article covers quite a few of the points you’ll want to cover in your discussions about gestational surrogacy. Of course, every situation is unique so not every factor you may face is included. Nonetheless, this is a good starting point. If the Intended Parents and the Gestational Carrier find that they share similar values, through the discussion of these items, they can move forward with writing their contract.
This is a combined Living Will and Durable Power of Attorney and allows a gestational surrogate to state what her wishes are in the event that she is unable to make her own health care decisions. Everyone should have an advanced care plan. Surrogates especially need one because the people for whom she is carrying a child need to know her wishes in case a tragedy strikes. This is an area in which there needs to be complete agreement before moving forward with attempting a pregnancy!
When parents use IVF to add to their family, they often fertilize more eggs than they need for that new member of the family. The resulting embryos can be maintained in cryo-preservation for a great length of time. Some families decide to donate their frozen embryos when they decide that their family is complete. By sharing these embryos with another family, they share their joy in parenthood and they fulfill their sense that the additional embryos should have a chance at life.
Many couples choose to pursue an independent surrogacy, rather than contracting with an agency. A significant part of my practice is representing families in independent surrogacies. I do not undertake all the things that an agency will do for you. I will, however, give you suggestions for how to handle these things on your own.