A surrogate mother carries a child for another couple. This is typically because the couple that wants children is experiencing infertility and has chosen surrogacy as their means of having children. Both the surrogate mother and the couple have rights and privileges during the surrogacy process. Knowing the rights of both parties can avoid a lot of confusion and legal trouble as well as emotional upset for everyone involved.
Written Contract
Upon agreeing to surrogacy, both the prospective parents and the surrogate mother typically enter into a written contract outlining specific expectations of each party. Both sides will often seek legal counsel to aid them in writing up an appropriate contract. According to ReproductiveLawyer.com, these contracts normally contain specifics on medical decisions during pregnancy, life and health insurance, medical bill payment, personal medical history of the surrogate and intended location for the birth of the baby.
Medical Concerns
According to the Yale New Haven Teachers Institute, the infertile parent or parents may have the right to accompany the surrogate to medical visits and during examinations relating to the pregnancy as well as the childbirth. The surrogate has a responsibility to protect the fetus from unnecessary risks such as drugs, alcohol and smoking. Specific privileges of both parties are often decided on in the contract if they are not outlined by state laws.
Spouse or Domestic Partner
If the surrogate is married or lives with a partner, the partner or spouse must undergo infectious disease testing to eliminate possible exposure of the fetus to sexually transmitted diseases. While attempts are being made at fertilization and impregnating the surrogate, both the surrogate and spouse must agree to abstain from sex. If married, the spouse has the ability to contest the surrogate arrangement in court. Domestic partners may be treated as common law partners and gain the same right to contest the arrangement.
Compensation
The surrogate is typically compensated for completing the surrogacy. However, many states outlaw paying the surrogate for the surrogacy itself. Compensation normally takes the form of reimbursement for living expenses and medical bills. Some states set limits on what kinds of compensation can be paid as well as limits on how much can be paid. Compensation is decided on in the contract.
Birth Certificate
Who will be named on the birth certificate depends on independent state laws as well as the decisions of the intended parents and the surrogate. Oftentimes, the infertile parents will be the parents named on the child's birth certificate.
Surrogacy by State
Surrogacy laws vary greatly from state to state with surrogacy itself not being legal in some states. In states where this is the case, adoption proceedings may be undergone instead. When choosing a surrogate either privately or through an agency, it is important to research the laws in the state in which the surrogate lives.
