Sign #1: Abortion views

The intended parents and the surrogate don’t share the same views about abortion. This is a deal-breaker because it makes it impossible for the participants to work together to reach a resolution should the need arise to consider this difficult issue during pregnancy.

Sign #2: Lack of family support

The surrogate’s husband/wife/live-in partner is not in favor of the arrangement. This is also a deal-breaker, unless his/her position is based upon misinformation as to the nature of such arrangements and he/she comes around once he/she understands the actual process.

Sign #3: Secrecy

The surrogate has not shared her plans with her family and/or the father (or other parent) of her own children. She will need her family’s support through the process, so it’s critical that she disclose her plans to them early on. However, intended parents may have good reasons for not wanting to disclose the surrogacy to their own family and friends until a viable pregnancy is in place, so don’t assume the opposite is also true.

Sign #4: Traditional surrogacy

The surrogate insists upon pursuing a traditional surrogacy (where her own egg is used). While there can be many valid reasons for a prospective surrogate to prefer traditional surrogacy, this is a high-risk legal scenario that must be carefully evaluated by the intended parents before proceeding.

Sign #5: Age

The surrogate is very young. She may not be clued in to the realities of what a surrogacy arrangement involves. Some states, like New Hampshire, even have a minimum age built into the law. In NH, that minimum age is 21.

Sign #6: Finances

The surrogate or intended parents are not financially stable. When a surrogate relies upon a surrogacy arrangement to meet her basic financial needs such as rent and food for her own children, she may not be entering into the arrangement with the appropriate state of mind to make wise decisions for herself and her own family. As for intended parents, they need to have the financial ability to meet the inherent expenses of surrogacy.

Sign #7: No children

The surrogate has no children of her own.  This is also a deal-breaker because the guidelines used by most doctors required at least one prior full-term pregnancy. In addition, this requirement is also imposed by state law in certain states, such as in New Hampshire.

Sign #8: Evasiveness

The surrogate or intended parent is evasive or not prompt in responses to the matching agency’s or attorney’s request for more information.

Sign #9: Motivation

The surrogate is overly focused on her own financial needs rather than on a desire to help a couple build a family. Or the intended parents are overly focused on controlling the surrogate’s lifestyle during the pregnancy, rather than relying upon her to make good choices for herself and the baby.

Sign #10: Residence

The surrogate lives in a state with laws that are not surrogacy friendly. It is a deal-breaker if she lives in a state where the laws prohibit surrogacy.

Sign #11: Number of Embryos

The intended parents and the surrogate don’t agree upon the number of embryos to transfer. Some surrogates don’t want to take on the possibility of carrying twins because of the higher likelihood of complications, such as those that can impact her physical ability to care for her own children.

Sign #12: Avoiding professional advice

One of the participants wants to do an under-the-table arrangement without disclosing the surrogacy to the physician and without the benefit of legal advice. this *should* be a deal-breaker.

Of course, many of these are only signals of the need to be cautious and to conduct further due diligence, rather than clear-cut signs that a surrogacy match is doomed. So please do your due diligence before you agree to go forward on a potential match.

Ready to learn more about surrogacy? Get in touch to learn more about conducting appropriate due diligence before entering into a surrogacy match.

The post 12 Signs That a Surrogacy Match Might Fail appeared first on Law Office of Catherine Tucker PLLC.

MYTH: New Hampshire’s surrogacy laws are archaic and too complex to be practical.

FACT: Thanks to recent legislative changes, New Hampshire has the most progressive and streamlined surrogacy law in the country. The new law is in conformance with best practices and recognizes that technological advancements need to be incorporated into the legal framework. I’m proud to be a co-author of this new law which removes unnecessary impediments to family building through surrogacy.

Tip: The law sets forth certain requirements, including a written surrogacy contract, that must be in place before the embryo transfer takes place. In order to fully protect your rights, it’s critical to meet the very specific requirements of the statute within the necessary time frames.

MYTH: New Hampshire only permits surrogacy for married heterosexual couples.

FACT: Surrogacy in New Hampshire is permitted for both opposite-sex and same-sex couples. Intended parents can be married, unmarried, or single individuals.

Tip: Individual surrogates have the right to decide for themselves whether they are willing to work with non-traditional family configurations.

MYTH: New Hampshire doesn’t permit surrogacy for intended parents also relying upon an egg donor.

FACT: The intended parents do not have to be genetically related to the resulting child under the New Hampshire surrogacy law. Therefore, using eggs provided by an egg donor is permitted, as is the use of donated sperm or donated embryos.

Tip: Because the legal protections afforded under New Hampshire’s surrogacy law are not based upon the genetic relationship of the intended parents to the child, the legal environment is perfect for gay couples who wish to transfer embryos created with sperm from each of them.

MYTH: New Hampshire surrogacy law doesn’t permit any compensation to the surrogate beyond payment for her medical bills.

FACT: New Hampshire law permits a wide variety of compensation for the surrogate. However, the surrogate’s compensation must be reasonable and written into the surrogacy contract. (Learn more about the costs of surrogacy.

Tip: It can sometimes be tricky to structure compensation packages in a way that meets the many different needs of the participants. The surrogate or intended parents may wish to minimize their tax liability or ensure that the surrogate’s employment is not impacted by the compensation to her. An experienced attorney can help construct a contract that works for your particular situation.

MYTH: New Hampshire doesn’t permit pre-birth orders (“PBOs”).

FACT: New Hampshire’s surrogacy law specifically permits parentage orders to be issued pre-birth, which facilitates the placement of the intended parents’ names on the initial birth certificate.

Tip: Some intended parents are better served with a pre-conception or post-birth parentage order. Talk to your attorney about this.

MYTH: Intended parents pursuing surrogacy in New Hampshire must undergo a home study in order to receive a parentage order.

FACT: No home study is required under New Hampshire’s surrogacy law. However, intended parents and surrogates must undergo an in-person mental health consultation, designed specifically to address the issues unique to surrogacy. As these consultations are routine practice with surrogacy cycles anyway, most participants will have this performed through their IVF clinics (make sure it’s done in-person!). When necessary, your attorney should be able to assist you with a referral to an independent mental health professional.

Tip: The law has some very specific requirements for the topics that must be addressed in the mental health consultation, so it’s important to make sure that all of these topics are covered when you meet with the counselor.

Ready to chat about surrogacy in New Hampshire? Set up your free consult today!

The post 6 Common Misconceptions About New Hampshire Surrogacy Law appeared first on Law Office of Catherine Tucker PLLC.

This infographic describes the streamlined process for gestational surrogacy in New Hampshire. Both intended parents and surrogates benefit from the 2014 changes to the law, which make the process faster, less complicated, and less expensive. Thank you Senator Jeb Bradley for sponsoring this critical legislation.

Share this infographic on your site: <iframe src=”https://magic.piktochart.com/embed/2473967-surrogacy-in-new-hampshire” width=”600″ height=”1066″ frameborder=”0″ scrolling=”no”></iframe>

The post Surrogacy in New Hampshire: A Roadmap appeared first on Law Office of Catherine Tucker PLLC.

DO understand that bringing your attorney on board at the outset is critical to avoid potentially expensive and disastrous missteps. When you are not receiving guidance from an experienced agency, your attorney can fill in the legal gaps, which is especially important in a state like New Hampshire where the law has very specific requirements for making a surrogacy arrangement valid.

DON’T try to skimp on costs by foregoing lawyers and attempting a do-it-yourself surrogacy contract. Under the laws of many states, such as New Hampshire, your contract may be invalid if attorneys are not used. This means you may lose important rights such as the ability to obtain a pre-birth order (“PBO”) placing the intended parents’ names on the initial birth certificate and relieving the surrogate of responsibility for the baby after birth.

DO understand that you are giving up the inherent safety net of having an agency working to facilitate a smooth journey. While often friends and family members feel comfortable working without this safety net, it can be tougher for participants who haven’t known each other for a long time to feel comfortable. It’s OK to decide that independent surrogacy is not within your comfort zone.

DON’T proceed with any match where the prospective surrogate is under 21 or has not had at least one child of her own. These minimum requirements, which may be set by state law or your physician, are designed to ensure that surrogates are mature enough to make informed decisions for themselves. As with do-it-yourself legal contracts, the consequences of not following these basic requirements can be dire and expensive.

DO respect each other’s personal choices. If your surrogate doesn’t already eat a vegan diet, don’t expect her to change to accommodate your preferences. If your intended parents want a more business-like relationship, don’t expect that to change during the pregnancy. And remember that it is OK to walk away from a potential match if it’s just not the right fit for you.

DON’T agree to compromise your personal values. If you have strong feelings about abortion, for example, nothing good can come of agreeing to terms in your surrogacy contract that don’t reflect your personal viewpoints. FYI: New Hampshire’s surrogacy bill addresses this in a unique and effective way by requiring that the written surrogacy contract set forth how decisions about abortion will be made during the pregnancy. This forces everybody to think these critical issues through before there is a pregnancy.

DO understand that a successful independent surrogacy journey is a lot of hard work on everyone’s part. Be prepared to make this investment in time and effort, to remain flexible, and to accept the inevitable ups and downs inherent in any surrogacy arrangement.

DON’T ignore these surrogacy red flags in the hopes that everything will work out fine. Potential problems should be addressed head on and, if they cannot be resolved, it’s important to accept that some matches are not meant to be.

DO be extra watchful for scams. Unfortunately, there are some women who prey on desperate intended parents in an attempt to scam them of money. Conversely, prospective surrogates need to be watchful for intended parents who have been rejected by agencies due to their inappropriate and inflexible expectations for the arrangement.

DON’T assume the surrogate’s insurance will cover this pregnancy just because her previous pregnancies were covered without a hitch. Your lawyer can help you understand your options for handling the medical bills

DO make sure your surrogacy contract covers all the specific financial terms of the arrangement, rather than relying on simply working things out as you go along.

DON’T forego the escrow account just to save money. While some friends and family members may feel comfortable enough to handle payments directly between themselves, most independent matches should proceed using an escrow account for the surrogate’s financial protection.

You can also read more about mistakes to avoid in independent surrogacy arrangements over at surrogacy consultant Sharon Lamothe’s blog.

Ready to pursue gestational surrogacy in New Hampshire?  Get in touch for a free consult.

The post Independent Surrogacy – DOs and DON’Ts for a Smooth Journey appeared first on Law Office of Catherine Tucker PLLC.

I’ve been getting a lot of questions from both intended parents and prospective surrogates about the pending New Hampshire surrogacy bill, so I wanted to address some of the most common questions here:

Q: What changes will the NH surrogacy bill make to current surrogacy law?

A: The surrogacy bill makes three important changes:

1. The bill brings New Hampshire surrogacy laws into conformance with the state’s nondiscrimination laws. All intended parents (married, unmarried, single) will now be able to pursue surrogacy in New Hampshire. The bill also does not discriminate between straight and gay intended parents. Additionally, the bill will allow for use of donor eggs, donor sperm, and donor embryos in a nondiscriminatory manner.

2. The bill recognizes the critical distinctions between gestational surrogacy (using eggs from the Intended Mother or an egg donor) and traditional surrogacy (using the surrogate’s own eggs). The bill’s protections will apply to gestational surrogacy only. While traditional surrogacy continues to be legal in NH, it will be governed by a different legal framework.

3. The bill reduces unnecessary expense, delay, hassle and anxiety for all participants in a gestational carrier arrangement by simplifying the court process and allowing for expedited parentage orders to be issued pre-birth, which place the intended parents on the child’s initial birth certificate and relieve the gestational carrier of any obligations to the child following birth.

Q: Does the bill permit a surrogate to be compensated?

A: The bill permits reasonable compensation, and also requires that the compensation schedule be written into the gestational carrier contract.

Q: What is the status of the bill?

A: As of last week (the first week in June), the bill was waiting for the signatures of the Speaker of the House, the Senate President and the Governor.  I am very hopeful that the Governor will sign the bill.

Q: When will the new law take effect?

A: Immediately.  There is no lag time for implementation.

Q:Under this bill, what would be the minimum requirements for a woman to become a gestational surrogate in NH?

A: She would need to be 21 years old, have given birth to at least one child previously, and be able to safely carry another pregnancy.

[

The post New Hampshire Surrogacy Bill (SB353) FAQs appeared first on Law Office of Catherine Tucker PLLC.

All parties to a surrogacy arrangement need to understand that death is an inherent risk of surrogacy.  Most importantly, the surrogate needs to understand, and be willing to accept the risk, that she might die as a result of carrying someone else’s baby.  By doing this favor for someone else, she is putting her own life at risk, and needs to consider the potential consequences to her own family.  It’s not fun to think about that, is it?  But only by thinking about this can a potential surrogate make the informed decision to proceed with the arrangement.

So, how can these issues be addressed in a surrogacy contract?

Typically, contracts require that the surrogate and her husband, if she has one, accept the risk of her death, and agree to release the Intended Parents (IPs) from liability if she dies.  The IPs may have to purchase life insurance for the surrogate, to provide financial protection to her family.  The parties will all have to agree on whether, in the event the surrogate becomes permanently unconscious (“brain dead”), the surrogate should be placed on life support for the sole purpose of continuing the pregnancy.  And the surrogate will be entitled to make medical decisions relative to the pregnancy, such as termination, should her own life be at risk due to the pregnancy.   These are just some of the issues we consider in surrogacy agreements.

A word of caution: drafting contracts that properly address these issues is not a do-it-yourself project.  You need to work with an attorney who is familiar with this highly technical and complex area of law because it’s just too easy to mess these things up.

The post Death and the Surrogate appeared first on Law Office of Catherine Tucker PLLC.