Does a surrogate mother have rights to the child?

  1. meerkat89
    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! ­čÖé 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
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  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
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  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
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  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
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