Surrogate FAQs

Helping others to grow their families through surrogacy is a selfless, altruistic and compassionate choice. We help familial and compassionate surrogates in navigating the legal paperwork of your unique surrogacy situation. Below are some frequently asked questions that you should consider before embarking on becoming a gestational surrogate.

How can I qualify to be a surrogate?

You are:

  • between the ages of 21-40 and want to help others build their family
  • citizen, legal resident or legal immigrant of the United States. If you’re a legal resident or legal immigrant of the United States, you must be able to provide documentation that is valid for at least 2 years.
  • previously pregnant and had no major complications during previous pregnancies or deliveries as documented by medical records
  • enjoyed previous pregnancies
  • financially secure
  • in a stable living situation and have the support of your family. If married or partnered, you must have your partner’s support.
  • don’t use illegal drugs, smoke cigarettes, or abuse alcohol
  • no criminal history
  • have a valid driver’s license
  • don’t participate in the following government aid programs: cash assistance, welfare, public housing and section 8. All other forms of government assistance will be considered on a case-by-case basis.
  • live in a surrogacy friendly state (please contact us if you’re unsure)
  • willing to travel for IVF. Please note, often these trips include overnight stays.
  • typically have a Body Mass Index (BMI) no higher than 33. Calculate My BMI
What are the health risks involved with surrogacy?

A surrogate pregnancy has no more risks then a regular pregnancy. It’s still important that you consult with your OB/GYN to discuss the risks of an additional pregnancy.

I had my tubes tied. Can I still be a surrogate?

You can still be a gestational surrogate. With IVF the embryos are placed in your uterus.

What are my legal rights as a surrogate?

There are two main steps in the legal process of surrogacy: execution of the surrogacy agreement between you and the intended parent(s), and filing the Declaration of Parentage, which provides the legal path for the intended parent(s) to be listed on the birth certificate. You should have legal representation separate from the intended parent(s) during the entire process.

Will I miss work?

To become a surrogate mother it’s important for you to recognize the level of responsibility required. Many medical appointments during the surrogacy process are time sensitive and you’ll either have to miss work or schedule appointments before or after work. Furthermore, many intended parents work with fertility clinics in their home state. If you match with prospective parents out of state, you may be required to travel to their fertility clinic for the embryo transfer.

Can I choose my intended parents?

Yes. When you decide to become a surrogate, and help a family in need, your agency or lawyer will support your decision. If you’re not in discussions directly with intended parents, the team you are working with will provide you with a selection of profiles that you can choose from.

What happens after the delivery of the child(ren)?

Prior to delivery, the intended parents’ attorney will comply with the state’s laws where you live and will either arrange for a pre-birth order, and for the prospective parents’ names to go on the birth certificate, or for a second parent adoption.

Will I have contact with my intended family after birth?

The amount of contact depends on the wishes of both you and the intended parent(s). It’s important to make your desires known upfront prior to matching. That way, you can match with intended parent(s) who have similar views on contact.

Law Offices of Laurie B. Goldheim

Adoption & Reproductive Law Attorney

As adoption and reproductive law attorneys, The Law Offices of Laurie B. Goldheim serve as a primary resource, counsel and partner to clients who seek to grow their families by contemporary means and methods, as recognized by the courts of New York and New Jersey.

Contact Us

Phone: 845-624-2727
Toll free line for birth parents: