Is putting a cap on surrogate loss wages normal?

by Renee
(Woodland CA)

I am in the middle of contract negotiations. My IP want to put a $4,000. loss wages cap on our contract. That includes 4 weeks of loss wages after birth. This means if I am bed rest. I will only receive 1 month of loss wages. Is this fair? Thank you Renee

Reply by Rayven

Caps of all sorts are common in surrogacy. Each contract is different, and what matters most is that all parties agree to it.

It sounds as if you make quite a bit of money, over $50K annually, and for obvious reasons that frightens your intended parents. They might be making about that themselves, and are having a hard time visualizing where that money will come from if this situation occurs.

A couple things to consider, in the event of bedrest, do you have any sort of short, or long term disability insurance? If so, you might be able to work out the intended parents paying the difference if you were to be out of work for an extended period of time.

Bottom line: it doesn't really matter if someone else has this in their contract if you are uncomfortable with it. If this upsets you, or is a deal-breaker, bring it up now and get it fixed. The only thing worse than signing a contract you are uncomfortable with is needing that portion of the contract during the journey.

Best wishes!