Can a gestational carrier keep the baby?

Hi there,

I’m currently doing some research on the topic of surrogacy. Being infertile myself I’m considering surrogacy. But I’m not sure if there’s the possiblity for the gestational carrier to keep the baby? If yes, what does that mean for me as the parent?
Thanks for responding me!

Hello Layla,

first of all, we have to distinguish between the the existing concepts of surrogacy- gestational surrogacy and traditional surrogacy. Whereas in the first one the surrogate isn’t genetically linked to the child, this wouldn’t be the case in the second option. Therefore, a gestational carrier doesn’t have any claim on the child in a gestational surrogacy. Also a country’s legislation might have an influence on whether she has legal rights to the child or not.

Nevertheless, it’s best to resort to a specialized agency for further information on this matter.

Hope this helps,
Best
Romina

No, a surrogate has zero rights over the baby if the procedure is undergone in Ukraine, for example. The surrogate has to renounce her maternal rights in written and cannot claim the baby to be hers should she have a change of heart.