# Advice on surrogate payments



## Percypig (Nov 6, 2011)

My DH and I are starting out on our surrogacy journey. After 7 years of failed IVF and several miscarriages we have chosen to give up on the dream of me carrying a child and hope to find a wonderful lady who could offer a straight surrogacy for us. We are now at the point of calculating when we can afford to do this. What I want to know is when are payments made to surrogates?  Does any money change hands prior to getting pregnant or do the payments only start once the surrogate is pregnant and if so at what point?

As you can imagine after 7 years of IVF and immune treatment the coffers are quite low.  If we have to find £10k - 15k up front to pay a surrogates expenses it is a different situation to having that in a number of part payments over the 9 months.  And are we right to think we only have to pay the whole amount if there is a live birth.  We couldn't afford this route if you have to pay £10k for each try you have at getting the surrogate pregnant.

Hopefully some of you guys who have been through it can help us and put our minds at rest!


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## lisa_A (Feb 4, 2010)

Hi, have u been in contact with a surrogate yet?


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## Percypig (Nov 6, 2011)

No not yet, I have registered with a couple of the free sites suggested on FF and we are just trying to decide whether to register with COTS or Surrogacy UK.  I did have a friend who offered a host surrogate arrangement but she changed her mind when she found out IVF would be involved, so we are starting our search from scratch> Hopefully we can find a surrogate in the UK otherwise we may consider the US but it looks pricey and legally complicated!


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## LouGhevaert (May 18, 2009)

Hi

It is important to handle the issue of payments carefully from a legal perspective. There is no set requirement in law as to timing of payments made. However, as part of any parental order exercise you go through after the birth to obtain parental rights for your child and extinguish the legal status of the surrogate parents, the court will look at the value of the payments you have made and the impact of this in your surrogate's hands. English law expects you to pay no more than reasonable pregnancy related expenses to a surrogate unless it retrospectively authorises a commercial sum (which is a more complex legal process) and there is no tariff in law as to what amounts to reasonable expenses. The court will expect you to explain what the payment to your surrogate covers and how this sum was reached.

There was a legal case in 2002 where a couple paid a sum of £12,000 to a surrogate and this was deemed to amount to a commercial payment when they applied for a parental order and it required involved legal proceedings in the High Court. You would be well advised to obtain expert legal advice about this and the other issues associated with a surrogacy arrangement - check out the following link for more information http://www.porterdodsonfertility.com/surrogacy-law/

Best of luck

LouGhevaert

This post contains an unconfirmed link/information and readers are reminded that FertilityFriends.co.uk or its owners are not responsible for the content of external internet sites


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## apricot (Apr 21, 2008)

Im sorry I have to butt in - we paid our surrogate loads more than £12k and no one at the court batted an eyelid (some pay more, some less but I think it is wrong to imply that payments above £12k will land you in court) - it is up to you what you choose to pay the surrogate and we were told by COTS that only if it goes above £20k would it be looked at more closely. We gave our surro over £1k per month so effectively a salary and a chunk at the end plus loads of nice extras - there was no way it was expenses. But she deserved every penny   . The average payment to a surrogate in the UK is above £12k at the moment and they certainly dont all end up in the high court. That case is very out of date and ultimately the court will look at what is in the best interest of the child.

You really don't need legal advice - you need common sense as no legal contract is binding in UK law anyway. COTS for example (and I am sure Surrogacy UK do the same) will give you, and go through, a contract with you and your surrogate if you want help. They are about £900 to join which also includes all the surrogates blood tests and loads of support with the arrangement and parental order - they also help counsel the surrogate after if she needs it. We found our surro independently but then used them for support and advice. 

Lou I am sorry but although you do offer great advice in many areas (and that is hugely appreciated) I do think it is misleading to say that you need expert legal advice and then offer your website. Most people who come to surrogacy are totally broke and need to spend every penny on their surrogate not on unnecessary legal advice. 

Apricot


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## lily17 (Sep 25, 2008)

Yes I agree

There are lots of couples in the UK, who arrange their surrogacy completely themselves, with no legal intervention.
We have had 2 surrogates, and neither one has wanted any legal docs sorting out. Both are experienced surrogates and know what they are doing and we havent even had informal contracts, as Apricot says, contracts arent even legal in the UK, so not worth getting all het up over. If you are doing surrogacy overseas, thats when you need a bit more expert advice, thats when it is worth having a chat with a specialist legal advisor, but here in the UK, just get on with it!
 
lily x


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## lily17 (Sep 25, 2008)

Percypig

You dont have to pay the surrogate up fron £10-£15,000

You decide what is most suitable for you, there are a wide variety of ways to pay a surrogate. Most times a surrogate will suggest what they want, and then you can negotiate.
Our first surrogate wanted a small initial deposit, and then all the lump sum at the birth of the baby.
Our 2nd surrogate wants paying £1000 per month, but that does not start until 12 weeks when the pregnancy is 'safe' and established. the remainder of any money paid on the birth of the baby.
You must not 'front load' payments at the beginning of the pregnancy, for obvious reasons.( The pregnancy can go wrong and then you have paid alot of money up front)
Some surrogates want a 3 stage payments at 12, 24 weeks, and then a final payment at the birth, there are lots of ways of doing it, and no right or wrong way, its down to you and the surrogate to negotiate.
hope this helps

Lily x


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## lily17 (Sep 25, 2008)

Hi Percy Pig/Alice

We have had no other costs for surrogacy
No wills, no life insurance, ( neither of our surrogates requested either a will or life insurance) no clinic fees ( as we have done traditional surrogacy) no surrogacy organisation fees  ( we found our own surrogates both times)- so It can be simply the financial arrangement you decide between you and your surrogate like we have done.- and as I have said you  usually dont  start to pay anything to a surrogate until the pregnancy is established at 12 weeks.
Cafcass can ask for detailed records of what the payments to the surrogate were spent on, or not, sometimes Cafcass do not look at any expenses and just chat  in general to the surrogate other times they want records and receipts, it seems to depend on the person you get and what area you live in! Our surrogate said the last time she did not keep receipts or records and the Cafcass officer did not seem concerned and the parental order was granted.

Lily x


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