Friday, February 24, 2012

Hospital not recording names of Surrogate mother for birth certificate purpose?

My friend has entred into a Surrogacy agreement where she will be act as a surrogate and deliver a baby of the geneitc parents.



However the difficulty which is arising is that the hospital is syaing that it will record and register only the names of the surrogate mother (who will be admitted to the hospital) and her husband as the parents of the child and would send their names to the Corporation for the purposes of birth certificate.



Hospital is not willing to accept the names of the genetic parents for any purpose.



In this case what is the option to ensure that birth certificate records the names of the genetic parent and not that of surrogate and her husband.Hospital not recording names of Surrogate mother for birth certificate purpose?
I would contact an Indian surrogate agency and ask what they do in these cases. Surrogacy is big business in India and they should have an answer for you.
"However the difficulty which is arising is that the hospital is syaing that it will record and register only the names of the surrogate mother (who will be admitted to the hospital) and her husband as the parents of the child and would send their names to the Corporation for the purposes of birth certificate. "



YES!!!!!!!!....



because despite the "wonderland world" of adoption/surrogacy et al... the REST of the sane world recognizes that the one whose junk the kids fell from is the mother for purposes of a birth certificate.



the other stuff...is all legal.



hence, because pregnancy and delivery are MEDICAL/BIOLOGICAL/PHYSICAL processes... the person who's going through those processes is recognized as the P.A.T.I.E.N.T. and the father is named via affidavit.



geez.



they will have to adopt the baby.Hospital not recording names of Surrogate mother for birth certificate purpose?
Not sure where you are, but if you are in the US, and if you are in a state that does not have laws against surrogacy, then the couple she is having the child for should get a pre-birth court order when they will present to the hospital and the hospital will have to put their names on the birth certificate. The hospital will not, and can not, put the parents' names on the birth certificate without a pre-birth court order. To get this, the attorney needs to file a motion with the court and present the contract entered into between the surrogate and the couple to the judge. Hopefully, the birth is far enough away that this can be accomplished in time. Otherwise, the couple can petition the court to have the birth certificate changed.
The "genetic parents" can apply for an amended birth certification such as that which adoptive parents get. Howevever, as they did NOT give birth to that child, as there is a woman in whose body the child resided for nine months and who went through labour to produce that child, she DID give birth to that child. So her name should be on the birth record. Their names should be on a later record that certifies that they will be the legal parents of that child. Frankly, they should also have to go through formal adoption proceedings and a DNA test because it is only on someone else's word that they know that child is theirs. Mix-ups DO happen in fertility clinics.
It depends in what state your friend is living. If she has entered into a surrogacy agreement drafted by attorneys, this process would be included in the contract. If she lives in a state where there is surrogacy legislation (such as Illinois, Cali, Florida), she can get a pre-birth order. In other states, the intended parents (IPs) will have to get a court order following delivery to have a new birth certificate issued.
Sounds like the gamete-providers will have to adopt the child from the surrogate mother and her husband. That way they can have an amended birth certificate created; and the original birth certificate will be sealed by court order. That's the way it is for all us adoptees.



Please stop to consider for 10 whole seconds what this is going to do to the child. Why would your friend agree to participate in something so gross and unnatural?
Good ... because even though the kid won't grow up without genetic mirroring (which is most definitely massively important), the kid's STILL entirely likely to suffer from "The Primal Wound" (go look it up) 'cause of losing the only thing it's ever known and loved up until the point of birth.



Unfortunately, I can't help you with the last answer to the question you asked 'cause I don't know Indian law.
Good and this is exactly how it works in the UK. It doesn't matter who the genetic parents are the surrogate mother is the lrgal mother of the baby and if she is married her husband is considered the father. A child born through this way has a right to know the truth,.

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