Surrogacy? If married do both parents have to consent?

Question

If a couple is married and if Dad wats to have a surrogate mother because Mom cant have a baby. Would both parents have to sign a consent?

Answer 1

Yes. It is a legal contract for both parents to adopt the surrogate mother's baby. In addition, the fathers' sperm makes him a legal father of the child and thus they would need th surrogate mother's parental rights forfeited.

Answer 2

yes,both parents have to concent

Answer 3

i think so because they would probably use the mothers egg and the fathers sperm.

Answer 4

yes

Answer 5

Yes.

Answer 6

yup.

Answer 7

Yes--if the mom isn't participating by providing an egg, then the dad is just fooling around.  Seriously.  What's he going to do, just show up with the baby and tell his wife, hey, here's our kid?

Answer 8

yes i should think so

Answer 9

Besides the whole signing the contract thing, what agency or surrogate in her right mind would agree to work with an intended father whose wife did not want to have a child?  Assuming he's not planning to divorce her and become a single father, it's not something you can just expect the other party to go along with.  And if he IS planning to be a single father, anyone (with any sense) working with him would expect that issue to be resolved first before proceeding.

There have been cases where one or both intended parents changed their minds once the surrogate was pregnant (funny how everyone thinks of the cases where the surrogate changes her mind!), and a surrogacy contract wouldn't be considered a binding custody agreement - a court isn't going to compel a couple who doesn't want a child to be forced to raise it.  Luckily it's a very rare situation (*either* side changing minds), but it does occur sometimes - sometimes the surrogate agrees to keep the child, sometimes the child is placed for adoption.  Knowing all this, agencies and surrogates are wise to be *very* careful considering whom they'll enter an arrangement with.