surrogacy in VA

[chip02142]

We recently found out that my husband is being transferring to VA.
My IP's live in Texas and my permanent home of residence is Texas and will be moving back to deliver there. So does my contract need to be validated in TX or Va?
My agency is really dragging their feet with this.
so pretty much I am getting the transfer done in Houston and will be moving to VA after I get released to my regular ob. And will be moving back to TX at 37 weeks. I really don't want to have to live apart from my husband like we did with my first pregnancy for E and N. (from 20 weeks to 7 weeks after delivery)
~Si

[BC-Sirell]

Si,

Your contract should be governed by the state that you will deliver in, so if you are absolutely sure you will be in Texas for delivery, then those laws would govern the contract.

I suspect, though, that your IPs will want a clause in the contract that releases them of any liability regarding the laws in VA if you do happen to deliver there.

It's so easy to say that you will move back to TX at 37w and deliver sometime after that, you just never know.

I hope this works out for all of you.

Hugs,


Sirell

[GAgirlinNYC]

Hi -

Just my two cents as an IP . . I know in our contract with our GS, it states that she is not permitted to leave the state of CA after 20 weeks without our permission and that if she delivers outside the state of CA, she is liable for her own medical expenses. I'm not sure where you are moving to in VA, and I could be wrong, but MD may be a surro-friendly state and it might be more realistic to try and deliver there .. .

Good luck!!!

[WhitneyAtFertilityAuthority]

Good to know GAgirl. Good luck Chip!

[chip02142]

Thanks for the input guys/gals.
The contract will be validated in TX and I think they are gonna try and see what the laws are in VA. As far as me being liable for my medical expenses. I am using my own health insurance so it would be covered anywhere I deliver. Its been 4 weeks since we started the process and still no word from the agency as far as contracts being ready.
Same couple, the fee went up a little but I would have thought that it wouldn't have taken this long for contracts. I have my first ultrasound with the RE this week and they will tell me when to start IVF meds. But if I remember right the contract says that we have to wait 14 days from the day of signing the contract to do transfer. Has anyone else ever heard of that being stated in the contract

[BC-MAV]

Ditto on the logic that the surrogacy contract is governed by the place where you deliver. Also I would think the contracts need to be signed in order for you to start meds. I imagine the agency doesn't want you seeing the RE and starting the meds if you haven't sgned the contract with the IP's yet. I know the last surrogacy our SM couldn't get her meds till the contract was signed. Good luck!