Compensation During Pregnancy

• During the pregnancy, the parents-to-be are responsible for paying any costs associated with the pregnancy. Certain states, including Washington, prohibit the parents from giving the mother any extra pay for the child. The law states that the only payment allowed is to cover medical expenses, such as doctor's visits, hospitalization and any medically prescribed drugs. Laws are also in place to prevent anyone with mental illness or mental retardation, disabled persons and minors from signing a surrogacy contract.
  
  

Custody Arrangements

• The child bearer is not the mother of the child, although she is the person that carries the child to term. Once the child is born, custody goes to the parents or the other party involved in the contract. The second party has the legal right to take the child home from the hospital, regardless of any impairments or disabilities, provided the doctor agrees. If a custody dispute arises over the disabled child, the child must stay with the party that currently has custody, until a court officially rules.
  
  

Employment Leave

• Employment leave is a tricky subject for surrogate parents, because employers typically do not view the custodial parents as biological parents. The surrogate cannot take maternity leave and some employers may deny the custodial mother maternity leave because she did not give birth to the child. If the custodial father is the biological father, then he may qualify for paternal leave. Employers that do grant paternal leave must give the father up to 12 weeks unpaid leave from work. In some cases, the employer grants adoption leave to the employee, giving the mother time to adjust to her new child. Disabled children born through surrogacy may receive a Disability Living Allowance, or DLA. Parents of the child are legally allowed 18 weeks of leave prior to the child turning 18. The custodial parents have the right to take the 18 weeks right away, or space the leave throughout the child's life.
  
  

Considerations

• Once the parents sign the contract and paperwork following the child's birth, that couple is legally responsible for the child and become the child's legal parents. The parents cannot demand that the surrogate pay back any medical bills because the child was born disabled, nor can they deny custody of the child. The parents do have the right to arrange a custody hearing and request that custody revert back to the child bearer, though it is likely that the court will side with the child bearer.