The approximate cost of a gestational surrogacy – start to finish – is $60,000 to $80,000. There are a variety of variables that could cause the cost to go higher or lower. There is no guarantee that the commissioning of a surrogacy or the payment of various expenses will result in the birth of a child, or that if a child is born pursuant to a Gestational Surrogacy Contract (GSC) or a similar agreement that child will become a member of the Commissioning Couple’s (“CC”) family.
*** PLEASE NOTE that all costs and fees discussed herein are SUBJECT TO CHANGE WITHOUT NOTICE! ***
These estimated fees and costs are subject to change and will vary from case to case. These fees and costs are only estimates and actual costs may be more or less than listed herein. This information is merely meant to give a general idea of the estimated costs.
Let’s start with some definitions (Fla. Stat. §742.13):
(1) “Assisted reproductive technology” means those procreative procedures which involve the laboratory handling of human eggs or preembryos, including, but not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfer, pronuclear stage transfer, tubal embryo transfer, and zygote intrafallopian transfer.
(2) “Commissioning couple” (“CC”) means the intended mother and father of a child who will be conceived by means of assisted reproductive technology using the eggs or sperm of at least one of the intended parents.
(3) “Egg” means the unfertilized female reproductive cell.
(4) “Fertilization” means the initial union of an egg and sperm.
(5) “Gestational surrogate” (“GS”) means a woman who contracts to become pregnant by means of assisted reproductive technology without the use of an egg from her body.
(6) “Gestational surrogacy” means a state that results from a process in which a commissioning couple’s eggs or sperm, or both, are mixed in vitro and the resulting preembryo is implanted within another woman’s body.
(7) “Gestational surrogacy contract” means a written agreement between the gestational surrogate and the commissioning couple.
(8) “Gamete intrafallopian transfer” means the direct transfer of eggs and sperm into the fallopian tube prior to fertilization.
(9) “Implantation” means the event that occurs when a fertilized egg adheres to the uterine wall for nourishment.
(10) “In vitro” refers to a laboratory procedure performed in an artificial environment outside a woman’s body.
(11) “In vitro fertilization embryo transfer” means the transfer of an in vitro fertilized preembryo into a woman’s uterus.
(12) “Preembryo” means the product of fertilization of an egg by a sperm until the appearance of the embryonic axis.
(13) “Pronuclear stage transfer” or “zygote intrafallopian transfer” means the transfer of an in vitro fertilized preembryo into the fallopian tube before cell division takes place.
(14) “Sperm” means the male reproductive cell.
(15) “Tubal embryo transfer” means the transfer of a dividing, in vitro fertilized preembryo into the fallopian tube.
With this in mind, the approximate fees and costs, and the times they are due, more or less, are as follows:
Surrogacy Agency Fees:
Upon the CC’s signing of the Contract for Services with Life Through Surrogacy, Inc. (LTS), a non-refundable payment of $6,000. is due to LTS.
Upon CC’s acceptance of match with a Gestational Surrogate or Prospective Gestational Surrogate (“GS”) a non-refundable payment of $7,950. is due to LTS.
LTS is not a law firm and does not dispense legal advice. The CC must have its own legal representation, which should cost approximately $6,500.-$7,500. This amount should cover the drafting, negotiating and reviewing of the GSC, and any/all court proceedings in a routine gestational surrogacy.
The GS herself (and her spouse, if applicable) will need legal representation for review of the Gestational Surrogacy Contract. The going rate for such representation is $1,000.-$1,500., which is borne by the CC.
The CC will want to run as many of the disbursements as possible through an escrow agent. An escrow agency with surrogacy experience will charge approximately $1,500. for this service.
In Vitro Fertilization:
The costs of IVF could be around $20,000 to $35,000. depending on clinic used, number of transfer attempts, and medications.
Surrogate’s Living Expense Reimbursement:
The GS’s living expense reimbursement is usually $28,000. for a first-time surrogate. Experienced surrogates receive a higher living expense reimbursement. THESE ARE ESTIMATES, AND SUBJECT TO VARIATION! Use this as a guide, but your situation may call for a different calculation.
The GS’s living expenses are reimbursed starting with the commencement of medications (except for the stipend which, as discussed below, starts upon execution of the Gestational Surrogacy Agreement) and then at various times prior to the confirmation of pregnancy (if applicable), and then periodically throughout the pregnancy. See Approximate Surrogate’s Living Expense Reimbursement Schedule below.
The GS will receive a $150./month stipend beginning upon execution of the Gestational Surrogacy Agreement. In lieu of itemized reimbursements, this non-accountable monthly expense allowance shall cover expenses such as incidental local travel expenses and mileage incurred for trips under 100 miles, child care for routine medical appointments, and other miscellaneous and incidental expenses. The monthly stipend shall begin upon the execution of the Gestational Surrogacy Agreement, payable every month thereafter, usually ending four weeks after the conclusion of the pregnancy.
Surrogates receive additional living expense reimbursement in the amount of $2,500 when they deliver by Caesarean section. Such additional amount is paid in the final disbursement to the GS. If the GS is carrying and delivers multiples (i.e. twins, triplets or more), her living expense reimbursement is increased by $5,000. per multiple after the first baby carried. This additional sum is divided over the last five months of disbursements.
Lost Wages: Lost wages, when applicable, will be based on the GS’s net pay, as confirmed by her pay stubs. Lost wages will be reimbursed for time missed from work due to doctor appointments and if the GS is put on bed rest by her doctor. The GS will be reimbursed for lost wages post-delivery. CC shall reimburse GC (and spouse/partner when applicable) for work missed/wages lost in connection with: (1) the matching process (maximum two days); (2) embryo transfer; (3) medical appointments as required by physicians and/or requested by CC.
Housekeeping & Childcare Expenses: If the GS is put on bed rest by her doctor, an allowance of $75. per week will be provided to cover housekeeping expenses, and a reasonable reimbursement for childcare expenses will be provided if applicable. These expenses shall not exceed $300. weekly.
Travel Expenses (when applicable): CC shall be responsible for all reasonable travel or other expenses incurred by or on behalf of the GS in connection with the surrogacy, including mileage and accommodations, and including a $50. per diem to cover meals.
Living Expense Reimbursement In Connection With Transfer: The GS is reimbursed $500. each time she begins the medications necessary to effect a gestational surrogacy (including re-starting medications after an unsuccessful transfer or canceled cycle). On the day of any/every actual transfer attempt, the GS is reimbursed $500. These sums are not part of the Living Expense Reimbursement as referenced elsewhere herein.
Maternity Clothes: At 16 weeks of pregnancy the GS will receive $600. for maternity clothes. At 24 weeks of pregnancy the GS will receive an additional $300. for maternity clothes.
Medical Expenses: Medical and laboratory expenses will depend on which medical providers the CC has chosen. LTS requires a psychological evaluation for both the CC and the GS. These fees are paid directly to the provider, and can run from $350. to $1,000.
Medical Insurance for the GS is approximately $500.-$650. month if needed. If the GS does not come to the process with her own medical insurance in place to cover the cost of the pregnancy there are insurance options and flat-fee arrangements with medical care providers. If the GS has her own insurance it will sometimes cover the cost of delivery. If the insurance company denies claims or coverage the CC is contractually responsible for all medical costs. Additionally, the CC is responsible for all medical co-pays, deductibles and any and all non-covered expenses.
Life Insurance is approximately $250.-$350., which would cover a $250,000. term policy for the GS’s family in the unlikely event that the GS perishes during the surrogacy process. (The premiums may vary based on age and location of Surrogate and other factors.) The premium amount is put in escrow and then released to the GS to pay for the policy. The policy would be renewed at the expense of the CC if the GS is pregnant at the time of the policy’s lapse.
Additional Miscellaneous Expenses:
Pre-match expenses such as copies of medical records, start of medical health insurance, start of life insurance policy or any other miscellaneous expenses may be advanced by LTS. In such a case, these expenses shall be reimbursed to LTS by the CC at the time the contract is signed between the GS and the CC.
Approximate Surrogate’s Living Expense Reimbursement Schedule:
Basic GS’s living expense reimbursement: $28,000.00 (approximate, and subject to variation from case to case).
$500.00 – Positive pregnancy screen (verified by blood test 10-14 days after transfer)
$1,000.00 – 8 weeks (ultrasound confirmation)
$1,500.00 – 12 weeks
$2,000.00 – 16 weeks
$2,000.00 – 20 weeks
$2,500.00 – 24 weeks
$3,500.00 – 28 weeks
$3,500.00 – 32 weeks
$4,000.00 – 36 weeks
$7,500.00 at positive DNA
Additional (just in case):
$5,000.00 for each multiple beyond Baby #1
$2,500.00 for C-section
$350.00 dropped or cancelled cycle or transfer
$4,000.00 for loss of uterus
$1,500.00 for selective reduction
$1,500.00 for miscarriage
$500.00 for amniocentesis (paid per sac tested) or CVS
$2000.00 each for loss of any fallopian tube(s)/ovary(ies)
$500.00 for cerclage
$500.00 for ectopic pregnancy
* These costs, fees and reimbursements are meant to be consistent with those allowed by Florida Statutes §742. Further, the non-LTS approximate costs and estimates described herein do not constitute an offer by Life Through Surrogacy, Inc., for provision of these services. Surrogacy is a relatively new and unsettled area of the law. No guarantees can or will be made as to the outcome of your or any case.