Intended Parents that Owe Surrogate Mother Money

Surrogacy-Quote-16by Nikia
(Baltimore, MD)

What if the baby you delivered is now a year old and payment by the intended parents is not yet received, what do you do? The agency can’t get it either even though it was in the contract. How to get payment from parents after the child is born? He is now a year old. 

Reply by Rayven

Hi Nikia,

I am very sorry that you are having such a difficult time. Some agencies are, unfortunately, notorious for dropping the ball when it comes to assisting the surrogate in receiving her compensation, or the remainder of her compensation.

If you have gone through the agency, have contacted the intended parents, and are certain that they have no plans on paying you the remainder that is due to you, then it is time to get your lawyer involved. This is a legal issue and you will most likely need to sue.

Most of your compensation will likely go to your lawyer as fees. You will probably not be able to recover these fees in addition to the compensation owed you.

For those reading this message wondering what to do to protect themselves from the same thing happening to them, the best advice I can give you is to have your compensation paid in full before the birth of the baby. If you choose to set up monthly compensation payments, for example, do so in 8 payment increments instead of 10. Use an escrow agent and have the funds deposited in escrow before signing.

And never, under any circumstances, sign a contract where your entire compensation is due at or after the birth of the child. Not only is this extremely risky for the surrogate, but it could be seen in some places as baby selling.

Best wishes to you Nikia!

Posted in Ask a Surrogate.