Surrogate Parental Rights: Does a Surrogate Mother Have Rights to the Child?
If you’re thinking about growing your family through surrogacy, you’re well within your rights to have a few concerns and queries. It’s only natural – you’ll be taking a huge, exciting step!
The matter of rights constitutes one of the main sources of anxiety felt by IPs (intended parents). After all, fiction – including TV series, books and movies – can run wild on the subject of surrogacy.
There are many sensationalised stories about surrogate mothers falling in love with the baby and refusing to honour their agreement. However, there is very rarely any truth to these fictional accounts.
In the real world, when IPs and surrogates use the correct channels and adhere to all legislation, situations such as the one described above cannot happen. In this article, we explain why the legal rights of IPs and surrogate mothers will protect your surrogacy agreement and keep your baby safe.
The Surrogate’s End of the Agreement
As part of their contract, the surrogate mothers selected by medical professionals partnering with Global Surrogacy waive all parental rights upon the transfer of the embryo. This means that any refusal to pass the resulting baby on to the IPs can be successfully legally contested.
In some countries, the IPs will be named as the legal parents on that baby’s birth certificate – and this may be the case whether or not a donor embryo is used. This can vary depending on the country in which the process is taking place and could also differ when it comes to the laws of the IPs’ own country.
Following the birth, the surrogate mother is often not allowed to have any contact with the child whatsoever. An exception can be made for meetings that have been arranged or approved by the IPs – at which they will be present.
The IPs’ Part of the Agreement
At the other side of the Global Surrogacy arrangement, IPs are not allowed to “back out” of a surrogacy “contract” once the embryo has been implanted. They must also honour any support they have promised to the surrogate mother in that contract – for example, the covering of any medical bills involved.
Can the Child Contact the Surrogate?
Things are a little more complicated when it comes to the rights of a child conceived via surrogacy. In many countries, it is possible for IPs to stay in contact – either directly or indirectly – with the surrogate mother following the birth. This can prove emotionally helpful for all parties.
It can also mean that there is the possibility for a child born as a result of a surrogacy process to eventually get in touch with their surrogate mother if they are curious about their origins.
Of course, the surrogacy specialists you used throughout this exciting process will always be on hand to support you as an IP as well as the surrogate mother. This support will last from consultations regarding expectations and practicalities all the way through the surrogate’s pregnancy to the birth and beyond.
If you need any help, advice or assistance, the team at Global Surrogacy will provide it in a transparent and understanding manner. After all, this process can be emotional and somewhat daunting – so we strive to make sure that everyone involved remains as up-to-date, comfortable and safe as possible.