Last updated March 11, 2010
Surrogate Mothers
When a couple is married they dream of one day having a child, completing their family unit. However, it can be a very painful journey if the mother discovers that she is infertile and cannot have a baby. In these situations, some couples determine that choosing a surrogate mother would be the best option for their family.
A surrogate mother is impregnated with the sperm from the baby’s biological father. The surrogate mother then carries the child until delivery and relinquishes all of her parental rights, thus giving rights to the birth father and his wife. It’s important to realize that this type of contract or agreement is brought up between the couples and should always be completed under the advice and counsel of an experienced surrogacy attorney.
Many states do not have one set of legal requirements or laws that govern the complicate aspects of surrogacy. States will address the issue on a case-by-case basis. This is another reason why it is imperative to discuss your plans and intentions for surrogacy with an experienced attorney before anything is every put in the form of a contract or agreed upon. You must make sure that your surrogacy is being enacted in compliance with the surrogacy laws that are in place for your state.
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 adoptive parents 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. If you are considering a surrogacy adoption, it is imperative that you contact an attorney for a free evaluation of your case. This way you can make certain that you understand the laws as they apply to your state.
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