Are there any laws (in the UK) that would prevent her from keeping it if she'd promised it to someone else, or if it was someone else's egg, or does she have rights to it because she gave birth?What would happen if a surrogate Mother wanted to keep the baby?
i can't comment on the LEGAL side of this dilemma...However MORALLY she would be in the wrong. as far as i am concerned she has agreed to be a SURROGATE. So she would be deceiving and stealing. if it was someone Else's egg and sperm i would see it as theft.
EDIT: Ummmmm i am not seeing how MURDER and giving someone a child are even in the same post?...what you are basically saying is that an ADOPTION,FOSTERING,LEGAL CUSTODY IS NOT LEGAL???? BWAAHAHAHAHA??! HUH?
The mother who gave birth to the baby always has rights to the baby in the UK, despite any agreement that may be made, verbal or contractual. That means that even if someone else's egg and sperm were used to impregnate the surrogate mother, there's very little that the biological parents can do if the surrogate mother decided to keep the child once it's born.
That is, unless the surrogate mother lists the biological father on the birth certificate, that then gives the biological father equal rights as a parent and gives him leeway to file for custody. If he files for custody and gains it, all he has to do is wait 6 weeks to file a Parental Order which gives him full and permanent custody and rights over the child and the surrogate mother loses hers.
At this point, the only alternative the biological mother has to assert her rights as a parental figure is to adopt her biological child. Even though the child is hers biologically, she did not give birth to it, so she MUST adopt the child in order to assert her parental rights in the eyes of the law.What would happen if a surrogate Mother wanted to keep the baby?
In the UK legally the person who gives birth to the child is the mother even if another womans egg is used. If the surrogate has signed legal paper work then the surrogate has given up all rights to the child, however she may well be able to get out of this by claiming she was in no fit state of mind when she signed her rights away and then the decision will be taken through court.
The surrogate mother would have the rights.
The reason for this is simple: She can not legally promise a baby to someone as if it were a bicycle. A baby is a person and can not be traded. That is: She can sign lots of contracts, and make lots of promises. But these contracts are null and void because they concern a baby.
As an example. Suppose you and I sign a contract in which I promise to kill somebody. However, I do not keep my end of the contract; I don't kill the person.
Can you then drag me to court for breaching our contract, demanding that I keep up my end of the bargain?
The answer is: No, you can't, because the bargain is illegal.
~*thats messed up to get someone's hopes all high after failed methods of ttc; they paid and negotiated fair and square. if the surrogate mother wanted a baby then she shouldve screwed and had one of her own! i hope the surrogate doesn't get rights to it! WHAT NERVE OF THE THIEF!!!!*~
It depends if there was a legally bound contract or not.
If someone even has doubts about carrying a child and wanting to keep it, they shouldn't become a surrogate.
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