Surrogacy involves many complex legal issues. Here are some common issues.
There are different types of surrogacy arrangements. The most common one is where the wife is medically unable to carry a pregnancy and the couple therefore enters into an agreement with a fertile woman who is willing to be artificially inseminated with the husband’s sperm. Another common method is the impregnation of the surrogate mother with the embryos produced by the wife.
After the surrogate mother is inseminated or impregnated, she carries the pregnancy and delivers the child. After the delivery she has no parental rights or obligations over the child and the child is handed over the couple as per the terms of the agreement.
Artificial Insemination, Fertilization and Surrogacy
In case of artificial insemination where the husband’s sperm is artificially inseminated in the surrogate mother, the couple can obtain a court order before the child is born naming the husband as the father. After the birth, the surrogate mother will sign the relevant form terminating her rights or allowing the wife to adopt the child and handing the child over to the couple. In case of egg fertilization where the embryo is placed in the surrogate mother, the couple can obtain an order from the court prior to the birth naming the couple as the biological parents.
More Legal Issues
The desire to have a child coupled with the inability to conceive is the main reason why people choose surrogacy. A surrogate mother should be aware of the legal issues. Many states have surrogacy laws. In some states surrogacy contracts are illegal while in some they are invalid.