Do Surrogates Get Paid for Failed Transfers?

After the time you’ve invested as a surrogate, as well as the physical and emotional efforts you’ve put into your surrogacy journey so far, you might be worried about what happens if an embryo transfer fails. Gestational surrogates of the past have asked us a few questions about this topic: Do surrogates get paid if they miscarry? Does a surrogate get paid if F.E.T. does not work?

The answer to both: Yes.

Here’s why.

What Happens In the Event of a Miscarriage or Failed Transfer

Generally, most surrogates who accept compensation are paid per milestone.

When your contract is signed, you’ll receive payments for milestones such as the start of medications and the embryo transfer. You’ll also usually receive a monthly allowance, depending on your contract.

So, you would receive those types of payments up until the point that an unforeseen event (such as a miscarriage or failed transfer) occurs. Your surrogacy contract would dictate from there whether or not you and the intended parents will attempt another transfer.

That means if you miscarried at two months, you would get paid for those two months of pregnancy. It’s nobody’s fault when these things happen, and you put your time and effort into that pregnancy, so you’ll absolutely receive fair compensation for that time.

A miscarriage or failed transfer can be a significant emotional experience for both the gestational surrogate and her intended parents. Most people take some time to process the loss of a hoped-for pregnancy before pursuing any next steps. It’s not unusual for everyone in the surrogacy partnership to need time to recover before attempting another transfer.

Remember: Your individual surrogacy contract will determine what happens in the event of a miscarriage or failed transfer in your situation, so always refer to your contract in this situation.

If You Miscarry Again, or if Transfer Fails Again

This situation is rare, but it’s possible. If you experience a second miscarriage or failed embryo transfer, you would again look to your surrogacy contract first.

When you and your intended parents negotiated your contract, you determined how many embryo transfer attempts you would attempt. You probably also discussed what would happen if you experienced more than one medical setback.

That being said, there could certainly be instances where you would all agree to deviate from the original contract. For example, if you’ve now miscarried twice and your medical providers are concerned about your health, their recommendations would take precedence over any previous agreements you’d made in your contract. Your intended parents will understand.

Your physical and emotional health will always take first priority in situations of multiple miscarriages or embryo transfer failures.

Failed Transfers and Miscarriages in Surrogacy are Fortunately Rare

Miscarriages occur in about 1 in 4 recognized pregnancies. But, surrogacy professionals take certain steps to reduce those odds as much as possible with a gestational carrier.

Because gestational surrogates are carefully screened to ensure your chances of successfully carrying a pregnancy are high, and embryos are genetically tested to ensure their chances of successful implantation are high, the likelihood of you experiencing one of these medical setbacks is low.

However, it is still possible, which is why it’s important that you discuss these scenarios with your attorney and your intended parents when you create your surrogacy contract. That way, you’ll have a plan in place, just in case.

If you do experience a miscarriage or failed transfer, you would be compensated to that point as per your contract, so don’t worry about having to front any expenses related to the pregnancy.

If you have any more questions about surrogacy payment schedules, you can ask to review your contract with your attorney or your American Surrogacy specialist. You can also reach out to us at 1-800-875-BABY (2229).

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