What Happens If The Surrogate Has Health Complications?

Health complications during surrogacy can create significant concerns for both the surrogate and the intended parents. It is important to anticipate and plan for such situations in advance, ensuring that all parties are legally protected, and the surrogate receives appropriate medical care. The surrogacy agreement typically outlines how medical risks and complications will be managed, but there are also emotional and legal considerations that must be carefully addressed.

Steps to Take If the Surrogate Has Health Complications:

Immediate Medical Care:

The surrogate should seek immediate medical attention if any health complications arise. The intended parents should support the surrogate in accessing necessary medical services. In emergency situations, the surrogate’s health and safety must be the primary concern, and her well-being should guide decision-making.

Review the Surrogacy Agreement:

A well-drafted surrogacy agreement should have clauses that address health complications, including who makes medical decisions in the event of the surrogate’s incapacitation. It may outline the level of involvement and consent expected from the intended parents regarding medical treatments or procedures, such as cesarean sections or other emergency interventions.

Legal Rights and Responsibilities:

The intended parents’ rights may be affected depending on the severity of the surrogate’s health complications. In some cases, the surrogate may have the right to make decisions about her health, while in others, the intended parents may be granted legal authority to make medical decisions on her behalf if she is unable to do so. If the surrogate’s condition threatens her life or that of the child, the intended parents’ involvement may be critical.

Medical Insurance and Coverage:

The surrogacy agreement should specify who is responsible for medical costs related to complications. Typically, intended parents are financially responsible for any additional medical expenses incurred due to health complications during the pregnancy or childbirth. It’s important for the surrogate to have adequate insurance coverage, and for the intended parents to ensure their insurance will cover these additional costs.

Emotional and Psychological Support:

Health complications can be emotionally taxing for all parties involved. The surrogate may experience physical and psychological stress, and the intended parents may feel anxiety over the potential loss of the pregnancy or harm to the surrogate. Psychological support, including counseling, should be offered to help manage the emotional strain.

Plan for Potential Outcomes:

If the surrogate faces serious complications, the intended parents and surrogate should have a plan in place for possible outcomes. This includes the potential for a premature birth, health risks to the child, or even the difficult decision of whether to continue with the pregnancy if the surrogate’s life is at risk.

Document Everything:

Ensure that all medical interactions, decisions, and communications are documented. This helps protect the rights of all parties and may serve as evidence if disputes arise about medical care or legal responsibilities.

Legal Actions and Protections:

Surrogacy Agreement Enforcement:

If complications occur, the terms of the surrogacy agreement will play a crucial role in determining the next steps. This agreement may include a clause about how to handle critical health situations, including who will be responsible for making medical decisions if the surrogate is unable to.

Emergency Medical Decisions:

In extreme cases, where the surrogate is incapacitated and cannot make medical decisions, the agreement should state whether the intended parents have the right to make decisions on her behalf. The ability of the intended parents to make these decisions may vary based on local laws, so legal counsel should be consulted in urgent situations.

Insurance Coverage and Liability:

If the surrogate suffers complications due to negligence (for example, failure to properly monitor her health), the intended parents may need to seek legal recourse for compensation. It’s essential to have a clear understanding of how insurance will cover health complications and what liabilities may exist in such scenarios.

Termination or Continuation of Pregnancy:

If health complications threaten the surrogate’s life or the pregnancy, a legal process may be needed to address the potential termination or continuation of the pregnancy. The surrogacy agreement should outline how decisions will be made in such scenarios, and whether the intended parents have the legal authority to make decisions on behalf of the surrogate.

Example:

Imagine a case where a surrogate develops severe preeclampsia, a potentially life-threatening condition, during the later stages of her pregnancy. In this case, the intended parents are legally required to make emergency medical decisions if the surrogate is unable to. The surrogacy agreement specifies that, in the event of a life-threatening condition, the intended parents will have the right to decide whether to proceed with early delivery, which may be necessary to save the lives of both the surrogate and the baby. The intended parents would also be responsible for covering any additional medical expenses related to the complication.