In this must-hear episode of The Surrogate’s Corner, attorney James Mahan returns to explore what happens when a surrogacy journey takes an unexpected turn. James outlines the legal framework for high-risk pregnancies, emergency decision-making, surrogate rights, and what happens when intended parents and surrogates disagree on medical treatment. This episode provides peace of mind for any surrogate concerned about how complications are handled—and what protections are already in place.

Key Timestamps:

00:40 – What defines a high-risk pregnancy, and who makes that call?

01:20 – Role of the OB or midwife vs. specialists (MFMs)

02:30 – How surrogacy contracts handle medical decision-making

03:30 – The surrogate’s autonomy vs. intended parents' requests

04:45 – What happens in a medical emergency if the IPs can’t be reached?

05:50 – Life-threatening scenarios and the surrogate-first principle

06:40 – What if the IPs disagree with the surrogate or her doctor?

07:15 – The second opinion clause and how it works

08:50 – Who pays for second opinions or travels for alternative care?

10:10 – What happens when doctors disagree? The referee clause

11:15 – Who chooses the third-party “referee” doctor?

12:40 – Guiding surrogates through stressful complications

13:45 – The role of agencies and legal teams when support is lacking

15:30 – Helping surrogates navigate tests, transfers, and medical confusion

16:45 – How repeat surrogates revise contracts based on past experience

17:50 – Can a surrogate refuse tests or treatments—and what happens if she does?

19:00 – Legal vs. emotional decision-making in complex pregnancies

20:15 – State laws that protect surrogate decision-making authority

21:30 – James’s advice for surrogates facing medical or emotional uncertainty

About the Show: