Comment posted on Are Agencies Exposing Their Surrogates & Intended Parents To Potential Insurance Fraud Allegations? by Andrew Vorzimer
Hi Lala,
I would have to see the actual language of the California AIM program where they specifically include maternity benefits for women serving as surrogates.
Even if there is a legal right to do so (and my review of the Summary Plan does not indicate that they explicitly cover maternity benefits for surrogate arrangements), I would nevertheless remain uncomfortable about using the program unless the intent of the California Legislature is clearly expressed. From what I recall, it was never designed to assist high-income earners who are using financially eligible women as gestational carriers. So even if it was technically legal, I believe it crosses a line that will only lead to problems down the road.
Now if you can provide me with actual policy language that specifically articulates an intent by the State of California to offer these benefits to gestational carriers, then I would reconsider my position. However, I have found no such language in the Program information that I have received and reviewed.
Andrew Vorzimer also commented
- Hi MIA,
First, congratulations on the pregnancy and best of luck on the ultrasound!
As far as New Life Agency goes, I have had nothing but good experiences with them for many, many years. They are ethical and reputable with a long track record in this industry. Also, please know that the insurance they are likely offering you is underwritten by Lloyds of London which is a secure and financially solvent market. As it stands today, the Lloyds plan is the gold standard and you will be well protected.
As far as what you can do to advise family and friends on how to avoid retaining an agency of the SurroGenesis ilk, I’d encourage you to start with this blog post: http://www.eggdonor.com/blog/2009/11/03/a-cautionary-tale-how-to-protect-yourself-from-unscrupulous-agencies/. While it is only a starting point, it does have what I believe are some helpful points to screen out many of the agencies that are operating questionable programs. I also cannot stress enough the importance of retaining independent counsel to review every aspect of your arrangement with any agency you are considering – starting with their retainer agreement.
Unfortunately, there is no realistic way to eliminate every risk. However, being informed about the unethical practices that are currently taking place and diligently investigating every individual and entity you are considering working with, is the best advice I can give. Hopefully we will see some well-considered legislation that will impose minimum requirements including licensure which may eliminate a lot of the guess work and risk-taking. Until then, all you can do is be diligent.
I wish there was more I could do. Again, best of luck on the ultrasound!
Recent comments by Andrew Vorzimer
- Embryos “Donated” Without Consent Resulting In The Birth Hundreds Of Children
It is inconceivable to me Amy that they can have no documents at all reflecting the origins of the embryo. They certainly have maintained the statistics to show how many actual births occurred. But no documents reflecting the genetic “donors”? It doesn’t pass the smell test. - The Little Couple And Surrogacy
This has to be one of the most petty comments I have ever had the misfortune to read. I wish there was a way I could recover the few moments of my life I wasted having to read that drivel and reply to it. - Ohio Appellate Court Awards Custody Of Baby To Intended Mother Who Used Surrogate & Donor Gametes
The reasons span the spectrum. In one of the situations I handled, the couple initially decided to walk away due to health issues involving the baby. In another instance, the couple decided to abandon their twins because the Intended Mother could not deal with the fact that she was not biologically related. Another case involved a divorce.Coincidentally, your question was posed almost simultaneously with the publication of a story by the Times Online (http://women.timesonline.co.uk/tol/life_and_style/women/article7144878.ece) where it was reported that approximately 80 abortions each year in the UK are performed on women who became pregnant through IVF. Surprisingly, many of these abortions were purely elective and not for any medical reasons. So there is a much larger issue here that deserves consideration.
- Ohio Appellate Court Awards Custody Of Baby To Intended Mother Who Used Surrogate & Donor Gametes
Hi Amy,Absolutely, feel free to use the stats.
Andy
- John Travolta & Kelly Preston’s Pregnancy: Why Is This Anyone’s Business?
Thanks for bringing that to my attention, Amy. I am going to link it on the front page because the message is so powerful.
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Andrew, after all the heartache we have been through with the SGUSA scandal we can finally, happily say, our surrogate is currently pregnant. Of course this time we decided to go independently without an agency. We are approaching our 6 week ultrasound and have paid the hefty insurance premiums for our surrogate (New Life Agency). We are about to fund our deductible (another $15,000). I have to say, I am scared to death to send this amount of money, given what we already have lost through the MC Financial Group Trust Fund. How do we know New Life Agency is a legitimate company? I don’t know where to begin to research. I have searched online and have found nothing negative about this company, except for the very expensive premiums and deductible. But researching online is also what we did with SGUSA, and look what has happened. What can I advise our family and friends who are also suffering from infertility, and would like to explore their options through surrogacy? I don’t want another person to have to go through what my husband and I have been through. Thanks for any advice.
Hi MIA,
First, congratulations on the pregnancy and best of luck on the ultrasound!
As far as New Life Agency goes, I have had nothing but good experiences with them for many, many years. They are ethical and reputable with a long track record in this industry. Also, please know that the insurance they are likely offering you is underwritten by Lloyds of London which is a secure and financially solvent market. As it stands today, the Lloyds plan is the gold standard and you will be well protected.
As far as what you can do to advise family and friends on how to avoid retaining an agency of the SurroGenesis ilk, I’d encourage you to start with this blog post: http://www.eggdonor.com/blog/2009/11/03/a-cautionary-tale-how-to-protect-yourself-from-unscrupulous-agencies/. While it is only a starting point, it does have what I believe are some helpful points to screen out many of the agencies that are operating questionable programs. I also cannot stress enough the importance of retaining independent counsel to review every aspect of your arrangement with any agency you are considering – starting with their retainer agreement.
Unfortunately, there is no realistic way to eliminate every risk. However, being informed about the unethical practices that are currently taking place and diligently investigating every individual and entity you are considering working with, is the best advice I can give. Hopefully we will see some well-considered legislation that will impose minimum requirements including licensure which may eliminate a lot of the guess work and risk-taking. Until then, all you can do is be diligent.
I wish there was more I could do. Again, best of luck on the ultrasound!
Thank you Andrew for the advice and for all you do on keeping us updated on the current infertility industry. Hopefully regulation will happen soon, without negatively affecting our IP’s.
What would you say if the CA AIM program allows surrogates to use their insurance? What would your advice be, use AIM that you know the max is about $700 or use New Life Agency that is pricey in the upwards of $25,000?
Hi Lala,
I would have to see the actual language of the California AIM program where they specifically include maternity benefits for women serving as surrogates.
Even if there is a legal right to do so (and my review of the Summary Plan does not indicate that they explicitly cover maternity benefits for surrogate arrangements), I would nevertheless remain uncomfortable about using the program unless the intent of the California Legislature is clearly expressed. From what I recall, it was never designed to assist high-income earners who are using financially eligible women as gestational carriers. So even if it was technically legal, I believe it crosses a line that will only lead to problems down the road.
Now if you can provide me with actual policy language that specifically articulates an intent by the State of California to offer these benefits to gestational carriers, then I would reconsider my position. However, I have found no such language in the Program information that I have received and reviewed.
Well I had an agency tell me they were going to have me apply for it. Of course I am thinking they are trying to get me into something way over my head. Because I thought there is NO WAY they would cover this. I looked online and did not find anything, so I called and talked to a rep. The rep said yes they cover it, they go off the surrogate’s income (comp included) not the IP’s, and some of their policies do have an exclusions for surrogacy. So she said to check each policy before picking. I am wondering if the allow surrogates because it even states if you have a deductible of $500 or more AND meet the income guidelines then you will qualify for AIM. The New Life Agency is going to be over $500, so maybe they are trying to save people from those high prices?