The Journey of Surrogacy

The journey of surrogacy develops not only for each cluster of Intended Parents & Surrogate but also as our understanding grows respecting the commitment and passion of Surrogates as a group.  Each successful birth signifies another positive outcome for a family and further strengthens the role of surrogacy in our society.

For several years, I attended the “Men Having Babies” Conference in San Francisco to learn more about the mechanics of the IVF process including the science and the American legalities.  However, what was more evident to me, beyond the practicalities, was the compassion and serenity of the women who attended and represented the voice of surrogacy as ambassadors for a brave new world of understanding. The program “Sacred Surrogacy” developed by Leia Swanberg, founder of Canadian Fertility Consulting (CFC), captures the essence of the journey these women embark on, taking it to even greater heights.

The women I met at the Conference and all my surrogate clients are certain of who they are and their role (their bun, my oven) by embodying strength, nurturance and clarity.  Non-surrogates are urged to become aware of these characteristics, to provide support and thereby ease the inevitable ups and down of the journey.

I believe that in addition to representing Intended Parents (IPs), I now have a greater insight to support the role of the Surrogate and I am committed to being a strong advocate for all my clients.  On this basis, I bring a keen awareness to my work, in particular, representing the parties in the stage of contract drafting.

We need to negotiate terms for our clients that will provide greater comfort and convenience and be vigilant in these efforts.

For example, requesting a provision that the Surrogate will breast feed has health benefits for both the child and Surrogate, without bonding, as the Surrogate is mindful of what needs to occur for a mutually beneficial recovery which boosts baby’s immunity for a life-time and does not require a relationship.

When I represent IPs, I bring this insight to negotiate a balanced and fair contract for my clients.  My IPs appreciate this understanding of the needs of the Surrogate to ensure their journey together will be as positive and joyful as possible. My clients also benefit from the extensive network of fertility professionals that I have developed over the years to address both the evolving provincial and federal laws, bringing surrogacy into the mainstream.

The above are examples that require the attention of counsel but can add immeasurably to the post–birth recovery and ensure a positive journey for all parties and the child! Be sure your fertility lawyer is familiar with not only the developing law but the needs of the parties. Being a family and fertility lawyer certainly helps!