Can A Surrogate Mother Decide to Keep the Baby?

Establishing a safe, legal, and trustworthy way for your child to enter the world is the first and foremost goal of any surrogacy journey. For this reason, any gestational surrogate or intended parent entering into a surrogacy agreement should have a lengthy contract drawn up and agreed to by an attorney with specific reproductive expertise.

Why Are Contracts Important in Surrogacy?

Contracts are in place to protect both the intended parents and the surrogate and ensure that expectations are clear throughout the process. So what rights does your surrogate have throughout your journey? And what if she wants to keep the baby? Surrogates are entitled to many rights throughout the surrogacy process. After all, it is their body even if it has also become home to your child. Among these rights, some things all surrogates are entitled to are the right for healthcare, the right to seek second and third opinions, the right to choose their medical team for prenatal care and delivery, and the right to terminate a pregnancy should their life be at risk.

What If a Surrogate Mother Wants to Keep the Baby?

One fear you may have considered is what if your surrogate changes her mind and wants to keep the baby? Fortunately, this is why such stringent screening measures are in place for onboarding surrogates. Intensive psychological, medical, and records-review screenings are in place to ensure your surrogate has all the right motivations and wants nothing more than to help you build your family. Additionally, after parenthood has been established, surrogates cannot just decide that the baby is theirs to keep. Legally, and likely biologically, the child is yours and that cannot be reversed. Conversely, this helps to protect surrogates from being responsible medically or legally for a child that is not theirs.

Learn More About the Surrogacy Process with Elevate

Throughout the surrogate selection process, every measure is taken to make sure we are selecting the best surrogate candidate for you. Our surrogates are kind, healthy, generous women whose motivation is to see you holding your child after this long journey. Through screening and detailed contractual agreements, we help ensure that no potential issues of parenthood arise. Have more questions about the legal aspects of IVF or screening process for surrogates? Reach out today to learn more.


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