Most couples dream of one day having a child.
There are many situations where couples determine that choosing a surrogate mother is the best way to bring a baby into their family unit.
A surrogate mother is one who would be impregnated with sperm from the biological father and carry the baby to delivery.
After a legal contract is drawn and signed by all parties, the surrogate mother relinquishes all parental rights, even though she carries the child until delivery. She, essentially, is giving the parental rights to the birth father and his partner.
Many states will address the issue of surrogacy on a case-by-case basis. This is why it is imperative to consult an experienced attorney to be sure that the surrogacy is in compliance with all legal requirements.
The main issue of concern in surrogacy cases is two fold.
First, the well being of the baby is of the utmost concern, and in like adoption cases, many states ultimately agree that every birth mother deserves a grace period after the child is born to determine whether or not she will ultimately relinquish her parental rights or keep the baby.
Also, many states are concerned about the fact that the birth father and his partner generally pay for all of the birth mother’s care and needs during the pregnancy.
This financial transaction needs to be regulated to ensure that surrogacy does not become a cloak for illegal black market trade.
Surrogacy most often results in all parties being satisfied. However, it is a situation that should definitely be handled by an attorney.