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What to do in the event of divorce of the intended parents

  1.  Sara Nowak

    Hello, I’m Lara from the United States and I’m gonna be the surrogate mother of a couple whom I’ve been recently talking to… I see they are very excited with the process but to be honest I’ve seen some signs that they are not as happy as they seem, like if they were pretending or something. I’m not convinced that I’m wishing to get started with this process, that’s why I wanna make sure how is this usually managed in case it happens. Who will be responsible for the baby if the intended parents divorce? Thank you very much for any help…

    April 19, 2016 at 2:02 pm
    #9205 Reply
  2. Sandra F. Sandra F.
    inviTRA's Moderator
      Dear Sara,

      Before the beginning of the surrogacy process, the parties involved (i.e. the intended parents and the surrogate) must sign a written surrogacy agreement where everything is made clear. The aim is to avoid some legal issue to arise in the future.

      Such contract or agreement must contain the rights, obligations, commitments, and foresights of the intended parents and the surrogate along with every financial aspect regarding the surrogacy process. Establishing what to do in borderline cases such as divorce is also essential, since otherwise the child might be born orphan.

      Anyway, there is also the chance that the intended parents decide they don’t wish to continue with the surrogacy process. In such case, the situation wouldn’t be too severe if the embryo transfer to the surrogate hasn’t been done yet; however, if she’s already pregnant, the process would become a tough one, and judicial involvement may be required.

      In case there was no paternal filiation when the parents divorce, the judge would determine to whom correspond the parental rights, whether to the intended parents or the surrogate mother. However, the most common situation is that the surrogacy agreement contains the conception purpose of the intended parents as well as the fact that the surrogate is not willing to have the parental right of the unborn child. In such case, there would be no problem.

      To sum up, the surrogacy agreement must envisage what to do in every possible situation.

      I hope I have been able to help,


    April 20, 2016 at 12:45 pm
    #9206 Reply
    • Sara, if you haven’t signed the agreement yet and are just getting to know them… My advice is that you run away ASAP!! There are hundreds of intended parents out there all over the world willing to create a happy, loving family so there’s no point in working hand by hand with a couple whose relationship is not a good one. I can’t believe there are couples out there who would be capable of relinquishing custody of their children after all the hard work and time invested on surrogacy. So sad to read this ūüôĀ

      April 21, 2016 at 12:50 pm
      #9207 Reply
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