ASRM Update 2009
Well I must apologize for being very bad about blogging this past month. I was in San Francisco for the ASRM meeting and then up to Boston to check on Dad who has had some real health issues this summer.
San Francisco was great to visit and I had not been back there since I left to join Long Island IVF in 1996. There is a pretty high freaky person quotient around the convention center and the weather was pretty cold and rainy but it was good to see old friends.
Several topics were on my mind and I will address these in future posts. Today I want to address an issue that was new to me and that is the relationship between genetic parents and their gestational carrier.
Using a gestational carrier represents an option of last resort for some couples but it can lead to some very heart-warming outcomes. Unfortunately, there can be some really bizarre legal cases as a result of the use of gestational carriers so it pays to have good legal advice. One piece of helpful advice was to make sure that the gestational carrier and the genetic parents of the embryo secure separate legal counsel. Just as you should have separate attorneys for a home purchase, so also should you have separate attorneys in this case.
I suppose that this makes sense but I feel bad to add yet another expense to the couple who is using a gestational carrier. On the other hand, going to court for years because of some misunderstanding in the contract between the parties isn't so great either!
I am interested in hearing from all of you that have opinions on this issue: Does your gestational carrier have her own legal representation?
More on hot topics from the ASRM real soon!
DrG
4 comments:
We are Virginia IPs (Intended Parents) using a Gestational Carrier. We have one attorney and our gestational carrier & her husband also has a separate attorney. All the attorneys and agencies we've ever talked to about gestational carrier believe separate legal counsel is the only way to go (despite the additional expense since the IPs will need to pay for two separate attorneys).
I’m not a lawyer, but I think it would be extremely difficult for an attorney to fully represent both the IPs and the gestational carrier (a.k.a. gestational surrogate) at the same time because of worries about conflict of interest between the two parties. I think most attorneys would insist on only representing one party and not both parties.
Hello,
I was a gestational carrier twice, giving birth each time to twins. My first Intended Parents and I had separate Attorneys. Because I had gone through the process once, I declined and waived my rights to an Attorney for my 2nd surrogacy. (I also ran an agency at the time and thought I didn't need to add the extra expense on to my IP's already high bills although I *required* all of our surrogates and carriers to have their own representation). Needless to say I wish I had hired an Attorney for myself. I was dealing with a different contract in a different state at a different time in my life for different IP's. Although I had no major issues, the ones I did have would have been handled differently if I had someone I could count on to give me advice based on my contracts.
I'm a gestational carrier with a separate attorney than the IPs.
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