Tuesday, March 6, 2012

Surrogate Mothers- Do they have any rights if the baby isn't theirs?

as in you have MrsA and MrA... but they need to use a surrogate MissB... so they put MrsAs egg and MrAs sperm together and everything's fertilised and stuff.. then implant it into MissB.. (i dont know if that's how they do it, but you get what i mean)



then at the end of the pregnancy, MissB turns around and says "i want to keep the baby, i've carried it for 9 months, it's mine" or "i want contact with the baby and want to be a second mother"



does she have any rights, even though she's not genetically anything to do with the kid?Surrogate Mothers- Do they have any rights if the baby isn't theirs?
Yep, unfortunately she has all the rights. The baby must be adopted by the biological parents after the birth. Until then the baby is hers and she can decide to keep it.



Most people draw up contracts before they agree to surrogacy and in that case the surrogate mum has to follow the contract. But sometimes things are left out, or the lwayers miss something out and then the contract does no good.
Stuff like this can get really messy. More often than not,she wouldn't. Because the child is not biologically hers,and especially if she signed a contract with the couple she is being a surrogate for.



I just hope if you're in this situation,you went through an agency,and did all of this the right way. Otherwise,if this surrogate finds a loop hole in the legal system or just disappears altogether. Who knows what she might do.Surrogate Mothers- Do they have any rights if the baby isn't theirs?
She should have gone into all that before the transplant of eggs. The parents are looking forward to the baby. If you are being a surrogate you have to let the baby go. She is only the vessel to carry the child. 9 months or not.



Paramount also is the fact she can go on to have children of her own anyway.
I am pretty sure every country that allows surrogacy has laws in place to make sure that the surrogate does not have rights to the baby. Most of the time there is a surrogacy contract in place between all the parties involved to prevent this. The situation I think only happens when parents get a surrogate in a country where surrogacy isn't legal.
No, it's their baby so she has no rights to it, and I don't think you're even allowed to get the eggs implanted until you have signed all the contracts etc. It's different if the egg belongs to MissB, as then it would be her child, but if she took their baby it would basically be kidnapping!
Mrs A and MrA would have to have a written agreement with the surrogate before she agrees to carry the child. No one in the right mind wouldn't have something in WRITING that they can present at court if something goes wrong.



She could have some kind of rights. I'm not sure about the law on these things. But the parents would have more rights. Yes she carried the child but it's not really hers.
No, when a surrogate mom decides to carry another persons' child, she agrees that no matter how attached she becomes to the child, it does belong to the genetic parents. Also, the real parents never agreed to donate the egg and sperm to someone else, so yes, it belongs the the genetic parents.
They shouldn't have any rights, and I don't think they have the right to have custody of the baby.



They sign a contract before the pregnancy, the deal usually is they get a lot of money for carrying the baby.



A deal is a deal.
The law says no she has no rights.
No, it's not her baby.
I don't know much about these situations and other people have said that a contract is normally sign so that the surrogate doesn't have any rights to keeping the baby and must give the child to the biological parents (as they should). But my feelings on the matter is that when you become a surrogate mother you should go in knowing you are carrying a baby for another couple and will give the baby to that couple when the baby is born. The surrogate shouldn't turn around and say she wants to keep the child and prevent the couple from having their baby because it isn't right and shouldn't be aloud. If you're going to become a surrogate you should think long and hard on the decision because if you think there is a slight chance that you might want to keep the baby then don't go into it other wise do it and give the baby to the rightful parents after birth.



I know that this sort of thing can get messy and that there are certain cases the biological parents might not be suitable to care for the child and in that case they shouldn't have a baby. But in normal cases where the biological parents are suitable for caring for the child then the surrogate shouldn't turn around and say no and that she wants to keep the baby.

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