When trying to decide what method to use to help you have a baby, there are always many factors to consider before making a final decision. As with every option, many people have some legitimate and some illegitimate fears. Here’s a look at a popular fear people may have about surrogacy and why there’s no need to fear it anymore:
Fear: The surrogate will want to keep the baby.
Fact: It’s true, there have been situations in the past where the surrogate decided to keep the baby in the end and a huge legal battle ensued for custody rights. In 1986, for instance, there was a famous court case about Baby M. A couple from New Jersey contracted a woman to be their surrogate. The surrogate was inseminated with the father’s sperm and became pregnant with her own eggs.
When Baby M was born, the surrogate refused to relinquish her parental rights and an agonizing legal battle took place. In the end, the couple received primary custody of the child while the surrogate was granted regular visitation rights.
This horrible affair did offer some positive outcomes, however. Because of this event, surrogacy contracts became more specific about surrogate and parental rights. Surrogacy institutes provide contracts that include detailed rights of everyone involved to be agreed upon before the process takes place.
A few more blessings in disguise that have come from the Baby M case was that many potential surrogates are now required to already have at least one child before they can become a surrogate. This helps the surrogate feel like her family is already complete and she can focus on helping other people complete their family.
One final and important change that occurred after Baby M was the increase of gestational surrogacy. When is a surrogate isn’t biologically related to the child she’s carrying, she has less of a connection to the baby, making it easy to give the baby to the rightful parents once it’s born. It also makes it clear to the courts that the surrogate doesn’t qualify for parental rights.
When we look for potential surrogates, we make sure they know well beforehand what they’re agreeing to. We ensure our surrogates are honest and good women who feel a strong desire to help couples enjoy the blessings of parenthood.
We believe that everyone should enjoy the blessings of parenthood. If you have any questions concerning infertility, egg donation, or surrogacy, please contact us.