Loss of Reproductive Organs and the Surrogacy Contract

Reimbursement for the Loss of Reproductive Organs is a fairly new concept and one that I honestly disagree with however it doesn’t matter what I think in this case…it matters if it’s a deal breaker to the Surrogate or Intended Parent when it comes to contract issues.

When a surrogate agrees to enter into a contract with Intended Parents it usually written SOMEWHERE in the contract that she, the surrogate, is aware of the complications of child birth. This can be worded in many different ways but what this section is really saying to women is that you know that there are risks to pregnancy and birth. The risk of an ectopic pregnancy, risk of miscarriage, risk of infections, risk of c-sections, risk of high blood pressure, risk of gestational diabetes, risk of hysterectomy, and yes, even the risk of death. This list is as long as my arm but I think my point is very clear. Being a surrogate mother is risky! (which is why you need health and life insurance!)

To ask for a set amount in case there is a loss of reproductive organs has been seen in quite a few of the newer contracts. I have noticed anywhere from $15,000 to $25,000 depending on what reproductive organ is lost. In the case of an ectopic pregnancy an ovary might be damaged or lost and with a hysterectomy the uterus and other parts of the reproductive system are removed. Each of these situations are usually needed in emergency circumstances. Even in the case of a miscarriage with a D&C the uterine lining can be damaged and a condition called Ashermans syndrome can occur and make the surrogate mother unable to carry for anyone, including herself.

Most of these organ threatening situations are rare but they do happen. Many agencies and clinics will ask the woman wanting to be a surrogate if she feels satisfied with her family as it stands at that moment. Would she regret it if she couldn’t add to her own family in the future? If so, is that a risk she is willing to take? And lets be honest, no amount of money is going to placate a woman for her loss of fertility. Even $25,000 isn’t going to scratch the surface of replacing her ability to become pregnant and carry her own child. (How well her very own Intended Parents will know this!)