Previous pregnancy

Why Do Surrogates Need to Have a Previous Pregnancy?

Previous pregnancy

 

Surrogates must have had a previous pregnancy because it helps to ensure that they are physically capable of carrying a pregnancy to term. Pregnancy places significant demands on a woman’s body, and the ability to carry a pregnancy successfully cannot be predicted solely based on age or overall health.

By requiring surrogates to have had a previous pregnancy, surrogacy agencies and medical professionals can assess the woman’s medical history, evaluate her ability to carry a pregnancy to term, and identify any potential risk factors that may affect her ability to do so.

Additionally, previous pregnancy experience can help surrogates better understand the physical and emotional demands of carrying a pregnancy, which can be helpful in navigating the surrogacy process.

While some women may be physically capable of carrying a pregnancy without having had a previous pregnancy, the requirement for surrogates to have had a successful pregnancy is generally seen as a way to help ensure the safety and well-being of both the surrogate and the baby.

If a surrogate has never been pregnant or carried a child to term, she may have limited knowledge of her own fertility. This information is important to intended parents who are ready to emotionally and financially invest in a surrogacy journey. The intended parents want to be matched with a surrogate who gives them the best chances of success, and that is someone with a previous and successful pregnancy.

Even with all the professionals involved in a journey, surrogacy can be complicated and risky. That is why pregnancy history is one of the key factors in evaluating a potential surrogate for both our surrogacy agency and the intended parents.

Shared Conception does all we can to mitigate risks and create a positive experience for everyone. The ASRM sets this guideline, which we believe is necessary since it offers valuable information in determining if a woman qualifies to be a surrogate. Shared Conception is ready to help you embark on this journey.

Legal Requirements for Surrogacy in Texas

Legal Requirements for Surrogacy in Texas

Legal Requirements for Surrogacy in Texas

In the state of Texas, the legal requirements for surrogacy can vary depending on the specific circumstances of the surrogacy arrangement. Here are some general guidelines:

  1. Surrogacy Contract: The intended parents and the surrogate must have a written surrogacy agreement that outlines the terms of the arrangement, including the financial compensation and the surrogate’s responsibilities. This agreement must be signed by all parties and their respective attorneys.
  2. Medical Requirements: The surrogate must undergo medical and psychological screenings to ensure she is physically and mentally able to carry a child to term. The intended parents may also need to undergo medical testing to ensure they are able to have a child.
  3. Parental Rights: In Texas, the intended parents are considered the legal parents of the child born via a surrogate mother. The surrogacy agreement must address issues related to parental rights and responsibilities.
  4. Pre-Birth Order: To establish legal parentage, the intended parents may need to obtain a pre-birth order from a court. This order declares them the legal parents of the child, and allows them to make medical decisions on behalf of the child.
  5. Adoption: Adoption is not necessary in Texas since the pre-birth order establishes legal parentage.

It is important to note that surrogacy laws can be complex. It is highly recommended that individuals seeking a surrogacy arrangement in Texas work with an experienced surrogacy agency to ensure that all legal requirements are met.

With Shared Conception, our experienced and professional team helps create the best plan for your journey. We want everyone involved to have a positive experience. If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

tax deductible

Are Surrogacy Expenses Tax Deductible?

tax deductibleAs any parent knows, welcoming a baby into your life can be expensive. These costs are even higher when your parenthood is made possible through surrogacy. Intended Parents face a large range of expenses: agency fees, surrogate compensation and expenses, clinic fees, and legal costs.

Before embarking on your surrogacy journey, you should have a good understanding of what expenses are involved and what may or may not be tax-deductible. It’s also important to understand the tax laws that apply to your own state, as these vary between states.

Consulting with an accountant can be helpful as they will be able to explain more about taxation policies as they pertain to your own situation. Tax laws can change regularly, so what is true right now, may not be true in six months.

What surrogacy expenses are tax-deductible?

Surrogacy and donation expenses are mostly not tax-deductible. However, there are a few exceptions.

Under the Tax Cuts and Jobs Act (TCJA) of 2017*, some significant changes were made regarding the ability of Intended Parents to claim tax back on surrogacy expenses.

The changes to the deductibility of medical expenses have been a little tricky for some IPs who have created families through third-party reproduction (also known as assisted reproductive technology or ART). ART includes clinic fees for standard procedures involved in surrogacy, as well as hormone therapy and sperm donation. It also covers more advanced procedures, such as IVF and the use of egg donation.

In most cases, if medical expenses such as ART exceed a certain percentage of the parents’ Adjusted Gross Income (AGI), they can be deducted in the same year that expenses not reimbursed by healthcare insurance are paid. When applying for medical deductions, there may be instances in which you will need to exceed a certain limit.

AGI comprises all of an individual’s income before other deductions or decreases are made.

From 2019 through 2025, qualifying medical expenses are only deductible to the extent they exceed 10% of AGI.

The good news is that most forms of ART are deductible under the Tax Cuts and Jobs Act.

The following surrogacy expenses are generally deductible:

  • Any medical fees directly involving you and/or your spouse
  • Egg retrieval
  • Sperm donation
  • Sperm freezing
  • IVF-related fees

Unfortunately though, surrogacy is not. This is because the expenses incurred in using a surrogate are not for medical procedures performed on the bodies of Intended Parents (the taxpayers). Instead, surrogacy requires the participation of a third party.

Non-deductible surrogacy expenses include:

  • Compensation for your surrogate
  • The surrogate’s medical bills
  • The surrogate’s medical insurance
  • Any costs for procedures or tests not directly attributed to you or your spouse

Other avenues for obtaining surrogacy tax deductions

There are cases in which Intended Parents may obtain a Private Letter Ruling (PLR) from The Internal Revenue Service (IRS)*. The purpose of a PLR is to get permission from the IRS to deduct specific expenses that are not made clear by law. If you are successful in getting a private ruling awarded in your favor as Intended Parents, the entire process including the surrogacy agency fees could be tax-deductible.

Obtaining a PLR would involve the Intended Parents engaging with a CPA to write a letter to the IRS requesting permission to deduct the expenses. The letter should encompass all the expenses that are likely to be involved in their surrogacy journey. It should detail why the parents are incapable of having children (due to a structure or function of the body) and that their situation may qualify as medical care under section 213. The IRS would then respond with its decision. If the PLR is ruled in their favor, the Intended Parent would be provided a letter to attach to their tax return.

How do you obtain a Private Letter Ruling (PLR)?

To obtain a PLR, the taxpayer must be able to show that they have been tested and confirmed as infertile. It is important to note that the PLR process is neither quick nor simple. Once you’ve submitted your documentation, the ruling may take 3 to 6 months to finalize.

Interested in Surrogacy?

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

*Resources:

  1. https://www.taxpolicycenter.org/briefing-book/how-did-tcja-change-taxes-families-children
  2. https://www.irs.gov/tax-exempt-bonds/teb-private-letter-ruling-some-basic-concepts
emotional attachment

Do Surrogate Mothers Become Attached to the Baby?

emotional attachmentWe are sure that many women think about attachment before deciding to become a surrogate. It’s reasonable to believe that if you become attached to your own children during pregnancy, you would be attached to the child you are carrying for the Intended Parents.

This is also often a common concern for the Intended Parents, so we wanted to address this question and explain what happens between the baby, the surrogate, and the intended parents.

It would appear to be obvious that a surrogate mother would become attached to the child that she carried for months and gave birth to. But for many surrogate mothers, this does not take away from the ultimate purpose—providing Intended Parents with a baby to start their own family. Many surrogates recognize what they are doing as a job and do not in fact, become emotionally attached.

It’s also important to remember that the surrogate has no biological link to the baby. The lack of this biological connection between the surrogate and the baby plays a large role in how surrogate mothers prepare themselves for this moment, knowing that this baby is not related to them. ‘

Women who become surrogate mothers do so because they want to help someone else have a baby and experience the joy of parenthood. They look forward to giving the baby to the intended parents and witnessing the emotions and happiness of the intended parents as they meet their baby for the very first time.

At Shared Conception, all surrogate mother applicants undergo a full psychological evaluation and clearance process and must also complete a comprehensive application that includes medical and psychological questions. In addition, they must have their own children and be in a happy, stable living environment and have the full support of their spouse or partner if they are in a relationship or marriage. These requirements ensure that the surrogate mother is less likely to have attachment issues or postpartum depression once the baby has been born.

For many surrogates, to help overcome any emotions they may still have after giving birth, they often make plans with their own family to take a trip or do something special so they can all refocus and adjust to post-pregnancy life.

So what about the baby itself? Sometimes Intended Parents wonder how being born via surrogacy will affect their connection with the baby. Taking an active role in preparation for the baby will help with the emotional transfer after birth. Intended parents and the surrogate should discuss in advance how the baby’s first moments will be.

There have been many studies conducted on children born via surrogacy, and most conclude that “children born through surrogacy experience no long-term emotional or psychological harm in regards to being born via surrogacy. Likewise, most parents and babies “experience healthy attachment around the time of birth and beyond”.

Interested in Surrogacy?

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

surrogacy in the workplace

Surrogacy in the Workplace

surrogacy in the workplaceBeing pregnant in the workplace under normal circumstances can be challenging, but telling coworkers about your surrogacy can also be stressful. It is not easy to hide your growing belly. While conversations involving your pregnancy may seem overwhelming, you can decide when and how to explain your situation.

You will want to explain your situation to your boss so they can prepare for any time you may need off for doctor visits and the baby’s birth. If your coworkers are unfamiliar with the surrogacy process, take this opportunity to educate others on the benefits and process of the incredible and thoughtful journey you are embarking on.

Having the positive support of your fellow coworkers is never a bad thing and can make going to work less stressful. You will not have to worry about making excuses during your absences for things like the beforementioned doctor’s visits, the birth, and during your recovery.

If you are not close to your coworkers and don’t feel comfortable sharing the news with them right away, that is absolutely ok too! You have plenty of time to tell them when you think the time is right. Deciding when and how to tell your coworkers is a personal decision and should be done on your own timeline. As a reminder, you are not required to tell your boss the reason you are missing work for medically related absences.

Many surrogate mothers wait until a positive pregnancy test or even until the end of the first trimester to make any kind of announcement. Open communication is not the most comfortable option for everyone; however, it is the easiest way to ensure a stress-free work environment that allows your coworkers the opportunity to ask questions and grasp an understanding of your important surrogacy journey. And having less stress is always a win when you are pregnant.

Interested in Surrogacy?

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

surrogacy during the holiday party season

Surrogacy during the Holiday Party Season

surrogacy during the holiday party seasonWith Christmas and New Years’ Eve approaching, there will be a lot of party invites from friends, family, and even work. Holidays always pose a challenge when you are a surrogate mother having a baby for excited Intended Parents. Here are a few minor adjustments you can make before attending holiday parties that will help you and the baby.

Order Mocktails

Just because you are pregnant does not mean you can’t enjoy yourself. While your drink options are a little more limited, there are lots of tasty and fun mocktails that will make for great substitutes for alcoholic drinks. Some examples include ciders (non-alcoholic, of course!), a cranberry spritzer, or a virgin of your usual favorites. You can always ask the party’s bartender for their recommendations.

Balanced Eating

We know holiday buffets can be very tempting. While at an event with a buffet, try to continue to eat well by balancing savory treats with healthy options. Don’t be afraid to turn food offers down as well—just because someone insists you take seconds doesn’t mean you have to.

Don’t Skip Meals

While balanced eating is important, it’s equally as important to not skip any meals. The baby needs regular feedings around the clock.

Get Plenty of Rest

Don’t overdo it. It’s easy to say yes to every holiday event, but it’s also important to give your body time to rest. Most doctors recommend that pregnant women get between 8 and 10 hours of sleep per night. Lack of rest can lead to many health risks, including an increased risk of miscarriage.

Be Merry

Remember—you are giving the greatest possible gift to the Intended Parents. Once you’ve delivered the baby, you will be able to toast with real champagne and eat everything in sight (or not!). In the meantime, party like a pregnant rock star and enjoy the journey of being a fantastic surrogate.

Interested in Surrogacy?

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

6 Topics to Cover in Surrogate Contracts

If you are considering surrogacy, it is crucial to have a contract between yourself (the intended parents) and the surrogate. Even when both parties are agreeable, it’s a smart choice to have a contract so there are no misunderstandings about the expectations from both sides.

There are six areas that are essential to make the surrogacy journey as smooth as possible:

  • Outline state laws: Make sure there is an overview of the surrogacy laws in the state where the baby will be delivered. It also should include an overview of the laws of where the intended parents live; if the intended parents and surrogate live in different states.
  • Financial Obligations: This should outline how much the surrogate’s compensation will be and how often she is to be paid. In addition, it would list the escrow company’s name and spell out the terms of the escrow account.
  • Medical Decisions: With any pregnancy, there are risks. Intended parents and the surrogate should be on the same page regarding medical decisions relating to the baby, the number of embryos transferred, how many transfers will take place if they are unsuccessful and whether the intended parents will attend appointments and the birth.
  • Medical Bills: Some surrogates have health insurance that can be used to cover maternity costs. Other times intended parents purchase insurance for the surrogate. The contract should outline how these bills will be handled.
  • Time and Travel: The contract would say what restrictions the surrogate has when traveling when pregnant.
  • Privacy: The contract should outline how the HIPPA medical privacy act is briefed. It’s also a great idea to spell out the expectations of privacy and how much information both sides can share about the journey.

Every contract should be reviewed by an attorney well-versed in surrogacy laws to make sure, and everything is lined out according to your particular state laws.

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

lgbtq community and surrogacy

Surrogacy and the LGBTQ+ Community

Surrogacy is often one of the last options for heterosexual couples wanting to have children, but for LGBTQ+ couples, it is one of the only options outside of adoption. Adoption is an expensive and complicated process, and laws vary state by state, with some states banning LGBTQ+ adoptions.

While the surrogacy process is typically not significantly different for same-sex couples and LGBTQ+ individuals than for heterosexual intended parents, there are some considerations to take into account.

There are two important decisions that must be made before beginning the process. The first is deciding who will be genetically related to the child. Unlike in straight surrogacy, in which both parents’ genetic material is often used to create an embryo, same-sex couples must decide whose sperm or egg will be used. Second, the couple must choose if they want to use an anonymous donor or an individual they already know. Once these two decisions have been finalized, the surrogacy journey can continue as it would with a heterosexual couple.

In some states, LGBTQ+ couples may have to undergo an additional process to both be legally recognized as the parents of the child. However, in Texas, LGBTQ+ intended parents are treated the same under Texas surrogacy laws as any heteronormative intended parents as long as they are married. If they are not married, they must do a second-parent adoption after the baby is born. This step can be explained further by a surrogacy attorney.

An experienced surrogacy agency, such as Shared Conception, can help you navigate the entire surrogacy process. Our mission is to give all that want a family the proper path to achieving one. Give us a call today or check us out on the web at www.sharedconception.com.