Surrogate vs adoption rights?

Question

If a woman agrees to being a surrogate for a couple where the husband is the sperm donor. Does the Surrogate retain the same right as a birthmother if so why? If not why not?

Do you tell the child later in life like you should and adopted child that their mothewr really isn't.

Does the wife need to complete the adoption process?

Answer 1

#1 Yes

#2 Heck Yes

#3 Yes

Surrogacy is grotesque, inhumane and cruel to the child.  It's unethical, immoral and ought to be outlawed

Answer 2

I have a friend who was the surrogate the egg was not hers and the sperm not her husbands.... In fact, the egg and sperm were both those of the parents who wanted the baby... The woman just could not carry a pregnancy.

When the baby was born both my friend and her husband had to relinquish as if it were their own child, even though it was not in anyway genetically theirs.... True Story....

Answer 3

It really depends on the state, I know that in Florida if the surrogate uses her own egg, it seen like an adoption and she can always chance her mind and decide to keep the baby. It happen to a Florida couple just last year.  In some states the surrogate even if she is not biological related to the baby can get rights since she is the birth and legal mother.

To answer your question why the surrogate could retain rights as a birthmother? Because the surrogate is the birthmother, she just in some cases is not the biological mother. In till rights are given up the courts see someones legal mother as the one who gives birth to them. Its just like with a guy if he is married to a woman when her baby is born , the husband is seen as the legal father regardless if he is the biological father.  Like in Happymom’s case her friend was the legal mother because she gave birth and carried the baby, this lady’s husband was seen as the legal father since he was married to the birth mother at the time of the birth. So they both had to sign their rights to the baby away despite that it wasn’t biological theirs. Had they wanted to they might have even been able to get some legal rights to the baby because they were the legal parents.

  In some cases a wife that is going to be the mother would have to adopt the baby. I think it would be looked at as a step-parent adoption since the husband if its the husbands sperm he is the legal father, unless the surrogate is married then her husband is the legal father and has to give up his rights, then both(husband and wife) would have to adopt the baby even if it was genetically theirs.

Of course it should be told that the mother  and/or father is not the biological parent of the child, it should be told at a young age just like if they had simple adopted. Of course not all people do and that is their choice.

Anyone that does surrogacy needs to research the laws in their state, talk to a lawyer and please make sure that paperwork is signed.  That’s was a big fault of the Florida couple grant it their surrogate could have still changed her mind and kept the baby, but she did not sign the paperwork, the couple out of good will just trusted that she would sign it.

Answer 4

This is a tricky question because most surrogates are only carrying the baby.  It is usually the wifes own egg and husbands sperm, or an egg donor and the husbands sperm.  Most surrogates are not biologically connected in anyway.

If the surrogate is the biological mother, their rights would completely depend on the contract and any other legal documents they signed.

I can tell you one thing.... me being a wife, would never allow a surrogate to be the one biologically connected to the child.  If my eggs were no good, I would use an egg donor, and a totally separate surrogate.  That way the surrogate has no claim to the child what so ever.

Answer 5

#1 Depends on the state where the child is being delivered.

       Some states have pre-birth custody orders and others

       have laws requiring the husbands wife to adopt and yet

       others have NO LAWS regarding surrogacy at all. I know

       New York states has outlawed surrogacy.

#2 Of course you SHOULD have to tell the child....although there is no

      law requiring it.

#3  Yes in some states the wife is required to adopt the child.

Answer 6

i think it depends on the state and whether the surrogate is using her egg and dads sperm or if it uses the husbands & wifes egg&sperm and she's just carrying the child because the wife is either unwilling or uncapable of carrying the child full term.

Answer 7

Varies by state and whether the surrogates egg is used or not.  In my state, it doesn't matter. The surrogate is the legal mother unless she chooses to allow the a-parent to adopt -whether it is her egg or not.  In some states, if you have a surrogate contract, the intended mother is the legal mother and no adoption occurs.

I would think that you would, but you know most children who were conceived by sperm donors are never told of this.  A few find out by accident.  

I only know of one mom whose child was in a surrogate.  She plans to tell him - for one thing, most of the details of his birth were in the newspaper anyway, so it really isn't a secret.  However, he is the biological child of her and her husband.

Answer 8

the husband and his wife will have their lawyer draw up a legal agreement between them and the surrogate mother and they both sign them the husband and his wife name will be on the birth certificate as the birth parents and they will have all the right to the child the surrogate will have not right it will be just like the husband and wife conceived all on their own