Fur Babies and Third Party "Arffff" (or ART in human words)

Assisted reproductive technology is oftentimes referred to as “ART”. Today, however, we are going to talk about third party, “ARF” as we discuss the role of pets in a surrogacy and infertility context. My husband thought this joke would not translate and may need further explanation since I thought it was funny in my head, so just for clarity, we are talking about ART (assisted reproductive technology) but instead using the dog barking sound of “ARF” since we are talking about dogs!

Every day, I aim to help parents to have a baby through third party assisted reproduction, such as surrogacy and egg donation. We of course cannot forget about our “fur babies” and how they play into a family building journey.

As a personal story, I had a dog as a child and always loved dogs but I was nervous to have a dog as a full-time working mom. During the pandemic, like many others in quarantine, we decided to get a dog to keep us all company. Now I cannot imagine a world without my dog, Zeke. He is my best buddy, follows me around the house, and is always by my side. I now see the power of pets and how incredible they are with providing emotional support.

In the surrogacy context, pets come into play in a variety of capacities. Pets can provide incredible emotional support to the intended parent(s) suffering from infertility or as parties go through the stressful world of third-party reproduction. They can also assist with relieving stress for the surrogate or egg donor who is also going through a lot on her body and with her own family to help others build a family. There is also the financial component of caring for pets that can arise in the surrogacy context as far as providing reimbursement to the surrogate for her pet sitting needs during the surrogacy process.

Pets Help Cope With Infertility

Pets have been known to provide emotional support and reduce stress, which can indirectly help individuals and couples coping with infertility. The process of navigating infertility can be emotionally taxing, leading to anxiety, depression, or feelings of isolation. Dogs, for example, with their unconditional love and companionship, can alleviate some of this emotional burden. Their playful and affectionate nature encourages owners to focus on the present moment, boosting mood and reducing stress hormones like cortisol. Lower stress levels can have a positive impact on overall health, including reproductive health, as chronic stress is often linked to hormonal imbalances that may affect fertility.

Additionally, caring for a pet can foster a sense of purpose and routine, offering a comforting distraction from the challenges of infertility. Walking a dog or engaging in playtime promotes physical activity, which is beneficial for overall well-being and can support a healthier lifestyle. Dogs also provide a social bridge, helping owners connect with others in their community, whether through dog parks or pet-centered events. These interactions can help counteract the isolation that individuals facing infertility may feel. While pets are not a direct solution to infertility, their role as loyal companions can make the journey a little lighter and provide the emotional resilience needed to face the challenges ahead.

Pet Allowance in Surrogacy Agreements

When a surrogate is pregnant for intended parent(s), within the surrogacy agreement, we account for various out-of-pocket expenses that may arise for the surrogate if she is ordered on bed rest/restriction of activity or if she has to travel long distances for medical appointments such as childcare, housekeeping, and lost wages. While not the typical reimbursement seen in surrogacy agreements, some surrogacy agreements include reimbursement for pet sitting services for the surrogate in the event she is placed on bed rest/restriction of activity by her physician or needs someone to watch her pets while travelling for long distance medical appointments. Some agencies even establish this payment reimbursement in their agency compensation package. Typically, if the surrogacy agreement provides for pet sitting reimbursement, the reimbursement would be paid to the surrogate based on the presentation of receipts demonstrating she needed assistance with her pet sitting needs based on her obligations under the surrogacy agreement.  An alternative payment structure may be a non-accountable flat daily or weekly payment to the surrogate in the event of bed rest/restriction of activity or for long distance travel that would avoid the need for receipts and would allow a flat payment to the surrogate to use as needed for her pet sitting needs during the applicable period of time. Factoring in a payment for pet sitting needs can also be built into the commonly paid monthly allowance as well in order to avoid receipts each time these services are needed. On very limited occasions, I have seen the reimbursement of pet sitting also paid to egg donors while they have to travel to the IVF clinic (which may be outside of the egg donor’s home state), for the egg retrieval procedure.

This unique reimbursement to a surrogate (or even egg donors) for pet sitting is just one example of how surrogacy and egg donor agreements can be customizable for the particular match and takes into account the needs of the surrogate to help make it a smooth process and ensure that she is not out of pocket for her expenses incurred for her obligations pursuant to the surrogacy agreement

Learn more about this topic and meet Zeke by watching this video: CLICK HERE.

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Who Do We Help?

Marla Neufeld, Esq., reproductive law and surrogacy attorney in Florida at the law firm of Greenspoon Marder LLP, personally experienced years of infertility and ultimately used a gestational surrogate to build her family. Marla is honored to represent married and unmarried couples (heterosexual and same sex) and individuals seeking to utilize various third party assisted reproductive technologies focusing her legal practice on surrogacy, egg/sperm/embryo donation, and adoptions.

Schedule a Consultation

Greenspoon Marder’s Surrogacy and Reproductive Technology Practice Group, lead by Marla Neufeld, Esq., assists our clients with all legal aspects of third-party reproduction and can assist with legal matters in Florida, California, New York, New Jersey, and Illinois.

(954) 761-2929