ART: Law & Practice

ART Law & Practice | Insuring Against Financial Risks in Surrogacy: An Essential Piece of the Puzzle

By Virginia Hart

Embarking on a surrogacy journey is like opening a five-hundred-piece jigsaw puzzle and wondering where to begin. You start with one piece and add on, first an agency; then a donor; then surrogate; then legal and medical clearance, medical procedures, and pregnancy; and then the full picture of your happy family emerges! One critical but overlooked piece is insurance. Throughout the surrogacy journey, there are numerous financial risks to intended parents (IPs) that may be covered by insurance. The cost to “go bare”—without insurance—for these expenses could be catastrophic to the IPs and the gestational carrier and her family. The insurance piece mitigates these potential losses. Lawyers do not need to be experts on the types of insurance discussed below, but knowing they exist and being able to advise their clients accordingly are important to assembling the puzzle.

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