Risky Behavior - What Does This Mean in Regards to a Surrogacy Agreement?

Caution! HOT TOPIC!!

Yes, Risky Behavior is a hot topic but just what does it mean? Well, in the context of a surrogate and her contract, its a large gray area. I am not an attorney but I do know from my vast experience that its hard to control someone else's behavior and what one person considers 'risky' another may think of as normal. A contract between Intended Parents and their Surrogate may have an entire laundry list of situations that they want their surrogate to avoid while pregnant. Examples may be: No smoking, no drinking, avoid smoke, no unauthorized medications, avoid motor boats and motorcycles, avoid foods with mercury, avoid heavy lifting, avoid excessive exercise, avoid nail salons, avoid dying hair, avoid massages, avoid hot tubs, avoid sex... etcetera and so on.....

But even though there is a list in a contract regarding these issues how can anyone actually be sure that these 'requirements' are being followed? And if they are not, what can be done to enforce these items in the contract. That would be a great question for the attorney but what I have found is #1 No woman who has volunteered herself to be a surrogate mother wants to harm the baby that she is carrying. #2 If you can't trust the woman to follow her OBGYN's advise then you shouldn't be matched with her. #3 All of the issues above are extremely hard to enforce with the exception of the smoking, drinking and drugs. Regular blood testing can keep one honest however we are back to #2 which just drives home the fact that TRUST is a huge factor in a surrogacy relationship...maybe more so then what's listed in the contract.

Sharon LaMothe
http://infertilityanswers.org/