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Surrogacy and Egg Donation Q and A


Surrogate Mothers Online Q & A
  • Q & A: Legal/Contract Issues - Surrogacy

    Topics may include contracts, legal fees, establishing parental rights, etc.

    17. What is the legal side of the baby straight after it has been born? Is the parents names on the birth certificate or the surrogates & can you leave the country with the baby straight away if you come from another country? -Shena - Top

    Shena,

    I don't know what the legalities are in Australia. Most of the time in the U.S. the parents names can go directly on the birth certificate in the case of gestational surrogacy. The family court is petitioned to determine parentage in the 2nd or early 3rd trimester and that court order is given to the hospital to create the birth certificate. If it is a traditional surrogacy, the surrogate's name is put on the birth certificate and the intended mother or other partner does a step-parent adoption.

    I don't know what papers you would need (passport, visa, etc.) for a newborn infant to travel out of the country or if you could arrange for these ahead of time.

    Linda P - Updated: January 31, 2000


  • Unless stated otherwise, all responses in the SMO Q&A are courtesy of one or more of the following hosts:
    • Sherry - Experienced gestational surrogate currently working on her 2nd surrogacy arrangement
    • Linda - New Mommy to twins born via gestational surrogacy and egg donation
    • Jennifer S. - Experienced AI surrogate
    • Lynn - New Mommy to a daughter born via traditional surrogacy
    • Tracie - 5 time egg donor (triplets, 2 sets of twins and 2 singletons) and 3 time surrogate (2-AI, 1-IVF).
    • Lisa - Experienced egg donor and previous gestational surrogate currently working on her 2nd surrogacy arrangement (Lisa was our former ED host, prior to July 1999.)
    Disclaimer: Responses from SMO Q&A Hosts do not necessarily represent the opinions and ideas of SMO. Neither the Q&A hosts nor SMO guarantee the accuracy or completeness of any information contained in the responses given here. As such, neither SMO nor the Q&A hosts are responsible for any errors or omissions or for the results obtained from the use of such information. Neither SMO nor the Q&A hosts shall be liable or responsible to any person or entity for any loss or damage caused, or alleged to have been caused, directly or indirectly by the information or ideas contained, suggested, or referenced in these responses.


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