Friday, February 24, 2012

What happens if a surrogate mother decides to keep the baby?

What happens if the surrogate mother decides she wants to keep the baby, or decides she cant go through with the process? CAn she legally keep the baby? How would that work?What happens if a surrogate mother decides to keep the baby?
This answer does depend on the contract, but more importantly it depends on where the surrogate lives and how the contracts are viewed, legally speaking, in that state. In some states she has no rights whatsoever. In others, she may have a chance but will almost always lose custody to the intended parents in the end and may only cause her self more financial trouble and public shame than it is worth.



This actually happens pretty rarely. Sadly, though, these horror stories are the only ones most people hear about even though the vast majority of surrogacy experiences work out wonderfully.
Usually a surrogate mother is carrying the fetus from another couples sperm and egg. If this is the case I'm sure she doesn't have any legal right to keep the baby afterward. If it is her eggs that were used (not likely) then it depends on what contractual agreement she had. Most likely with the contract she's giving up all legal rights to the unborn baby.What happens if a surrogate mother decides to keep the baby?
It would depend on the specific details of the contract she and the parents signed when they initiated the process.



(Most surrogacy arrangements these days involve gestational carriers who are not genetically related to the baby -- sperm and egg come from the parents, or from additional donors. This makes it harder for the surrogate to legally keep the baby.)

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