1. Pitfalls of US Citizens Engaging in Surrogacy Abroad
Melissa B. Brisman, Esq.
November 17, 2017
Duke Law/CAP Conference
Melissa B. Brisman, Esq., LLC
Montvale, NJ

2. TYPES OF SURROGACY
TRADITIONAL-SURROGATE IS BOTH LEGAL AND BIOLOGICAL MOTHER
GESTATIONAL-SURROGATE IS NEITHER LEGAL NOR BIOLOGICAL MOTHER

3. Why a Gestational Carrier rather than a Traditional Surrogate
It is safer for couples to use both an egg donor and a gestational carrier
A gestational carrier is not genetically related to the child that she is carrying
Without a biological connection to the child, a gestational carrier is less likely to succeed in asserting any legal rights to the child she carried

4. Pre-Birth Order
Ideally, the client should contract with a gestational carrier who lives or intends to deliver in a location where the person/couple can obtain a pre-birth order recognizing one or both as legal parents

5. Pre-Birth Order
Without a birth order, the gestational carrier will be recognized as a legal parent on the child’s birth certificate until her rights can be terminated either through a termination proceeding or an adoption

6. PRE-BIRTH JUDGMENT PRE-BIRTH JUDGMENT
POST BIRTH ADOPTION-SOME PEOPLE STILL PREFER AN ADOPTION INSTEAD OF A PRE-BIRTH ORDER

7. Traditional Surrogacy Has not Changed Much over the Years
In the case where the womb and the egg are from the same party, biology still governs

8. What to Make the Parents Aware of
Timing of the arrangement
Cost
Emotional difficulty
A. Support groups
B. Counseling
Complexity
Medical risk
Legal risk

9. State Law Matters Where the parents reside Where the carrier resides
Where the carrier delivers

10. Legal Work Necessary Contract between the parties
Birth order to place the intended parents on the birth certificate

11. Insurance Coverage for IVF Coverage for pregnancy
Coverage for the Child

12. Escrow Account Allows the parents to concentrate on the pregnancy
Provides proof of payment in case of dispute

13. Cross-Border Gestational Carrier Arrangements
Many people are entering into cross-border gestational carrier arrangements (i.e., India, Ukraine, Cypress, )
Clients must investigate whether surrogacy is legal in the gestational carrier’s country and whether their sexual orientation and/or use of a gestational carrier could prevent them from returning home with the child

14. Cross-Border Gestational Carrier Arrangements
In India, new laws are being proposed to regulate the country’s gestational carrier industry.
The law now prohibits foreigners from contracting with Indian gestational carriers.

15. Medical Care in The Foreign Country
Most surrogacy's are under taken in less developed countries
Examine the quality of the medical care
The success rate
Neo Natal Care if your child is born early

16. Citizenship Issues
Children born abroad without US gametes may have trouble being considered US citizens.
Need to ensure your child will be a United States citizen if born abroad otherwise you may have trouble bringing the child to the United States.

17. Immigration Issues Immigration issues are in constant flux
Must examine these issues and the chances they can change midstream.

18. Legal Issues
In the United States the law can not be changed retroactively.
In many foreign countries the legal climate can change quickly and without warning leaving options limited if a gestational carrier is pregnant.
Insurance, birth certificates, legal parentage all must be examined

19. Cost Issues Generally US citizens go abroad to save money
In the end it may not be cheaper if you calculate travel costs; lost wages; immigration costs
If the child is born early or there are immigration issues you can be stuck in the country for quite some time.

20. CONTACT INFO
Melissa B. Brisman, Esq. Melissa B. Brisman, Esq., LLC One Paragon Drive, Suite 158 Montvale, NJ Fax Reproductive Possibilities, LLC and Surrogate Fund Management, LLC One Paragon Drive, Suite 160 Montvale, NJ Phone: Fax: