Free Consult
The Law Offices of Eric J. Tatum, LLC The Law Offices of Eric J. Tatum, LLC
Schedule Your Free Consultation Today
770-648-2789 800-494-1577
Menu free consult

Is a surrogate able to exert maternity and parental rights?

Is a surrogate a mother? Biologically, she may not be, if the egg and sperm are both donated, but she still does carry and deliver the child. The surrogacy industry is an unusual one, and because of its hazards and complications, it's been banned in several other developed countries such as Canada and most of Europe. Only eight states in the United States authorize it, while four, Washington, New Jersey, New York and Michigan, all ban it. The capitol bans it as well.

In all other states, there are either no laws or surrogacy is allowed with restrictions. California is a state known for being a surrogacy-friendly state, although the courts there once denied a surrogate maternal rights after she decided she wanted to keep the child. She was a gestational surrogate, one who has no real biological ties to the child.

In 2012, California set a very specific law stating that surrogates and families hiring them need to have separate attorneys and, if a contract is executed as the law requires, the gestational surrogate then has no claim to the child after birth. The one issue is when the surrogate does have a biological tie to the child. Many women do donate their eggs, but giving birth to their own children can result in a different kind of attachment. Some of these women want to keep the children, and the courts must then decide whether or not the contract is binding.

Georgia does not yet have these laws, but it does not ban surrogacy. It can be a viable option for having children in the future with the right safeguards. Your attorney should be involved in this process to make sure all contracts are completed in a timely manner and as required by law.

Source: Slate, "Is a Surrogate a Mother?," Michelle Goldberg, accessed Dec. 29, 2016

No Comments

Leave a comment
Comment Information
Back to Top