# Do I really need to / can my IVF clinic really insist I consult a solicitor?



## jennie11 (Jan 11, 2007)

Hi
This is my first time posting on here and I am really hoping for some advice please. Following over 5 years of trying for a baby through ICSI and 5 miscarriages, my sister has offered to be a surrogate for us. We have had this agreed by our IVF clinic and been through all medical tests, consultations and counselling required. We are basically ready to go and from that point of view the clinic are satisfied. My husband and I have 4 blastocysts in storage from our last fresh cycle so it will be a simple() FET of two embies.

I have done a lot of research about surrogacy on sites like this and legal sites and also learned a lot from my counsellor. My husband, sister and I have drawn up and agreed a surrogacy agreement drawing from 3 different templates we have found on the internet, and are confident that it addresses all the issues we would need to clarify. 

However, my clinic is now requesting that we employ the services of a solicitor. I want to avoid this if possible as we can't really afford it. I have been quoted a minimum of £400 and up to £1200 for this - on top of everything we have spent so far on IVF and the cost of the FET we really can't afford this. I am not sure that the clinic will refuse treatment without a solicitor - I am not sure they have a definite policy on it. I am hoping to convince them that I do not need a solicitor and wanted to know what other people think. From what I have read on the internet a lot of people don't use a solicitor - but is this becuase they have the services of people like COTS? 
Is it possible just to use COTS to get hold of a draft agreement without having to pay £850? Any suggestions or even stories from other people who haven't used a solicitor and their clinics have not insisted on this would be much appreciated - as my counsellor has suggested this may help to persuade our consultant that we don't need one.

Sorry if this is a bit garbled. I do have a couple of other, more straightforward questions as well please:

Do we need to purchase Life Insurance for my sister on top of Life Insurance that she already has? (which we have checked covers her to be a surrogate)

At what point do we need to buy Life Insurance? Can we wait until say 8 weeks in to the pregnancy (since we have had 5 m/cs before 8 weeks)?

Thanks for reading and sorry it is so long and complicated.
Many thanks in advance,
Jen


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## angelwomb (Nov 1, 2005)

Hi jennie11,

Having been through SSR & ISCI myself with my partner I can sympathise with you, especially on a financial level! To cut a long story short the reason we went through the procedure ourselves was due to my partner having had a vasectomy. We were lucky ones as we did have a baby as a result of the procedure........then we went on to conceive another miracle baby naturally.

Personally I felt like I wanted to give something back, help others so I became a Surrogate. I'm currently 30wks 4days with my 2nd surrobaby.

Anyway, as a Surrogate Mother myself I will tell you that I do not go through a solicitor, after all no written agreement is legally binding, whether you draw one up yourself, between both parties or whether you pay hundreds or thousands of pounds & have a solicitor to do it all for you.

To be honest I don't think any clinic can 'demand' you involve a solicitor, however it is in the best interest of the clinic to warn you that Surrogacy is compicated (which it certainly can be in some cases) & so they 'recommend' you seek legal advise.
If you inform them that you are aware of the legalities of a Surrogate arrangement, however, having taken in to account that no written agreement is legally binding you have decided to write your own agreement I'm sure they will still give you & your lovely sister/Surrogate treatment there.

With regard to Life Insurance, I'm not sure what the legalities are with regard to having 2 policies for 1 person, usually companies make sure no claim has been made on any other insurance before paying out so please be careful.
You need to make sure the exsisting policy covers pregnancy as opposed to Surrogacy as not many policies do, it's usually just specialist companies that do.

As for when you take out the policy (if starting a new one), I would highly recommend you do so prior to your sister/Surrogate starting treatment for Host Surrogacy, despite whether you chose a natural or medicated cycle as this would cover her from the onset.

Please feel free to ask as many questions as you like.

I have sent you a private message chic.

Good luck & take care.
angelwomb
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## angelwomb (Nov 1, 2005)

Hi jennie11,

If you do decide to allow yourself a little leaway with a natural cycle (if thats the route you decide for you) please do check beforehand that the chosen insurance company will cover your sister/Surrogate if the  policy is taken out after pregnancy is confirmed as mine doesn't, my policy needed to be in place a minimum number of weeks prior to pregnancy. All companies are different so I would check out their terms & conditions sooner rather than later, you can always put of taking out the policy until you are ready once you are made aware of where you stand.

I will reply to your PM after the weekend chic.

Take care.
Lots of love,
angelwomb
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## angelwomb (Nov 1, 2005)

Hi Jennie,

How did things go at the clinic chic?
Hope to hear good news from you soon.

Lots of love,
angelwomb
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