There are two basic kinds of surrogacy. A surrogate mother can be inseminated with the sperm from the father or another donor and use her own egg for fertilization. Another option is for the surrogate to be inseminated with the mother's egg, which has already been fertilized by the father's sperm in-vitro. Although there are many ethical and emotional issues surrounding surrogacy, both the couple and the surrogate mother have rights under contractual law, report researchers at the Yale-New Haven Teachers Institute.
Privacy
Once a contract has been signed, a surrogate mother loses her rights to privacy. Yale-New Haven researchers report that a surrogate mother should employ an attorney to make sure she understands the details of the agreement before signing a contract. The woman who will be raising the child has the right to accompany the surrogate to doctor's appointments and to be present when various medical examinations are performed. By law, a surrogate mother must not do anything that will put the baby in danger, including illegal drug use, smoking and alcohol consumption.
Spousal Rights
The husband of a surrogate mother must release rights to the baby as well. Some states recognize common-law marriages and afford the live-in partner of a surrogate mother all the rights of a married partner. The surrogate father also must agree to refrain from sexual relations with the surrogate mother during the fertilization period. The surrogate's partner also must be tested for infectious diseases.
Payment
While payments vary, the typically payment for a surrogate's services is $10,000, according to Yale-New Haven researchers. Payments that are higher might be construed as baby selling, which is a felony and subject to severe penalties, including prison time and heavy fines. The surrogate mother usually is paid upon delivery. In the case of a miscarriage, the surrogate usually receives a part of the final payment, determined in the original contract. A surrogate mother who backs out of the contract is not entitled to any payment. The infertile couple typically pays for medical, legal and cost of living expenses. At the time of the formal adoption, all money that has changed hands must be reported.
Variations
States vary in their recognition of surrogacy and the laws about surrogate mothers. Some states do not recognize surrogacy while other have no state mandates regarding the process. For example, according to consultants at Surrogacy.com, Kentucky makes it illegal to exchange money for any contracts that terminate parental rights, but the law is not consistently enforced. Louisiana and Illinois laws say that surrogacy contracts are not enforceable, although they do not restrict their use.
