Certified Medical Magazine by WMA, ACSA, HON
Does a surrogate mother have rights to the child?

Does a surrogate mother have rights to the child?

  1. meerkat89

    Hello there,

    We’re a gay couple, my name is James, and we are in a bundle of joy right now bc our gestational carrier is now 3 months pregnant, everything going perfectly wonderful! 🙂 My husband and I have been married for 3 yrs now, really wishing to hold our baby!!! Do you know whether the GC could say “sorry, the baby is mine” once she gives birth? i mean, could this be possible? We’ve signed an agreement and she’s waived her rights, but we don’t have any birth order or something similar saying “ok, you’re the legal parents”… that would make us feel comfy!! This is happening in California btw… does it change anything? thx!

    08/04/2016 at 8:14 am
  2. Dear meerkat89,

    First of all, you should know that, in the USA, there isn’t a federal law on surrogacy, but laws vary from state to state. Fortunately, you’re doing it in California, the most surrogacy-friendly of all US states.

    The state of California does accept surrogacy agreements, although it has no statute addressing the process itself. The state’s courts use California’s Uniform Parentage Act for interpreting different cases linked to this reproductive procedure.

    Also, the state makes it possible for all intended parents to establish their legal parental rights, regardless of the marital status, sexual orientation, etc. Such rights will be established prior to the birth of the child(ren). Neither proceedings for adoption are necessary.

    I hope this helps

    All the best!

    08/04/2016 at 8:21 am
  3. I think you are just overthinking. I don’t think anything of this sort will happen. There are many reasons for that. For instance, the clinic I am visiting has a criterion through which the surrogate has to pass through. The criteria state’s that the surrogate should have her own children if she wants to be a surrogate. Those women who already had children would never say this. Also, in the clinic I am visiting the surrogates have to sign the papers which ensures that the child is of intended parents. Apart from this, I have met a lot of surrogate mothers during my visits to the clinic. They are always very friendly and willing to talk. So I did ask these questions from one of them. She answered that her and others purpose to be a surrogate was to help intended parents. She said that surrogates were blessed enough to have the ability to have a child and they wanted to help others with this ability. So I would suggest to you that you try having a conversation with your surrogate. Tell her about your feelings and thoughts. Good luck to you.

    10/28/2018 at 7:52 pm
  4. Well, I wouldn’t be so sure, though. As far as I know, in some US states the surrogate has the right to keep the baby after she changes her mind. Then the IP have to go to the court and struggle for their baby, you know.. Not trying to make you feel upset or sth. I know ukraine has become quite a popular surrogacy destination. ‘Cause it’s surrogacy friendly. The surro has no rights on the baby born. IP are considered to be the only legal parents of the baby from the moment of conception!! But, again this is not the case for the gay couples. Under ukrainian law only married heterosexual couples can opt for surrogacy. Anyway, hoping your journey went smooth and without complications.

    11/27/2018 at 6:16 pm
  5. “Does the surrogate have rights to the child?” – No, if surrogacy’s undergone in Ukraine. The law there favors IP more than the surrogate on the whole. The baby’s considered to be yours from the moment of conception. The birth certificate is issued with IP’s names. The surrogate has no standing right to keep the baby after delivery. Everything’s well regulated on the point. IP shouldn’t worry they’ll be left without their kid at the end of the process. I’ve also shared this on another thread. To apply for surrogacy in ukraine you have to:
    -have the dr’s approvement that you cannot carry the baby yourself. or that you suffer a life threatening disease. or that pregnancy is prohibited for you due to some medical reasons.
    – you have to be legally married with your second half. Ukrainian law allows surrogacy for heterosexual married couples only!!
    – you may use donor’s eggs, but not sperms.
    One of the hugest pros though is that a lot of young women participate in surrogacy programs in ukraine nowadays (commercial surrogacy – you pay the surrogate for the time dedicated to building your family)
    -depending on clinics, the donor eggs, if needed, might be used for no additional fee.
    – you may choose among the ”guaranteed” plans within clinics
    – Payments are usually divided into several installments.
    – you’re more likely to get all the legal support during the process.
    – you may choose the donor who fits you the best – she’s anonymous.
    Was just trying to be useful. The best of luck.

    12/19/2018 at 12:16 pm
    • An informative post of yours.

      I just wanted to add that, for example in my BTC clinic all things that involve IVF for you if you are using your own eggs, surrogate screening and medical costs, birth at the hospital. It is also the same price if you choose to use donor eggs instead. It is a nice back-up plan to have if things don’t work out with your own – at no additional cost! It’s a rare thing to see this kind of all-inclusive plan anywhere else.

      The best part about it is that they guarantee you a baby. If the first surrogate doesn’t work out, they will try again with another using your frozen embryos until it’s a success.
      We have encountered other couples who chose Ukraine purely for the guarantee factor of a baby at BTC.

      Also, Ukrainian law favors the intended parents rather than the surrogate. Under it, the baby is yours from the moment of conception. Once the baby is born, the birth certificate is issued with your names. The surrogate cannot claim any rights.

      Lastly, the procedure is time-wise there. IPs don’t have to put in years before the actual start of the program.

      Our lovely doctor made me smile after so many inner strugglings which were near to cause me depression. I’m so thankful to her for putting our mind at ease…

      09/02/2020 at 9:04 am
  6. There should not be any issues with SM if you sign an agreement prior to anything. We did and kind of feel safe. It was one of the main reasons why we decided to go for the agency’s assistance. We wanted to go independently first. but not only it is a lot more expensive but it is not that safe in terms of surrogate claiming the right for the baby. It would’ve been a nightmare. especially for us, we have been ttcing for more than a decade. and surrogacy for us is the last resort.

    04/27/2019 at 7:46 am
  7. I should say that surrogacy in the US might be quite tricky. Surrogacy there remains unregulated at the federal level. Each state has its own laws or not.The individual state laws vary widely even between states that are considered surrogacy friendly! Some states facilitate surrogacy and surrogacy contracts. Others refuse to enforce them. Some penalize commercial surrogacy. For legal purposes, key factors are: Where the contract is completed. Where the surrogate mother resides. Where the birth takes place. Therefore individuals living in a non-friendly state can still benefit from the policies of surrogacy friendly states. They may work with a surrogate who lives and will give birth in a friendly state. To crown it all, we found the process to be overwhelmingly expensive. If a surrogate backing out, or in case of a miscarriage you have to pay at least $5k to match with another surrogate! Seems so many hidden costs! Furthermore in some states surrogate mothers retain a parental right to the child and can even pursue custody. Even though the embryos have both of your DNA – the surrogate mother’s name is on the birth certificate! Then you have to go through the process of adopting the baby in court. For all those reasons IP usually look onto Eastern European options.

    01/07/2020 at 5:10 pm
Other topics related to this forum