Does a surrogate mother have rights to the child?

  1. avatar
    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
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  2. avatar
    Sandra F.
    Fertility Counselor

    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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