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Surrogate Mothers Online Q & A

Q & A: Legal/Contract Issues - Surrogacy Topics may include contracts, legal fees, establishing parental rights, etc. 14. A very close friend wishes to be a surrogate for my husband and I. She and her husband are Canadians (BC). To avoid an international adoption, the baby would be born in the United States, and would, therefore be a US citizen (I hope.) How would the court handle this sort of arrangement? Can an adoption be denied even if all those involved agree to it? If the natural father, my husband, is not a US citizen (nor Canadian) could the court prevent our baby from living here with us in the US?. Finally, are home visits required for surrogacy adoptions in all states? I'm sure that I/we would qualify, except I don't know how the investigating team might view my husbands non-citizenship. I'll appreciate any insight you have to offer, although I think you'll tell us all to see a lawyer. Even if you don't want to touch this one, I still want to thank you all for providing this wonderful resource. You guys are a great support for us all. - Kim in Nevada - Top Kim, Wow! That is a lot to be thinking about. And right now, I would VERY much encourage you do seek legal counsel on these issues because birth mother is from Canada, were surrogacy is frowned upon your husband is not a US citizen you are wanting a non-US citizen to delivery in the US I would suggest you go to TASC and look in their legal dept for an attorney who has dealt with surrogacy. http://www.surrogacy.com Or contact Shirley Zager at OPTS and she may be able to send you in the right direction. www.opts.com/ Jennifer S. Kim, Unfortunately I have no answers for you. I am unfamiliar with any of the factors in your case. In my case, since Illinois had no laws for/against surrogacy, and our twins were born in Colorado where our surrogate lives, we used the courts in Colorado (also no laws for or against surrogacy). Our names were placed directly on the birth certificates. Linda P Kim, All of this will depend upon the state that the child is born in and what that states views and laws concerning surrogacy are. Lynn - 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. Q&A Categories | Search Q&A's | Submit A Question | SMO Home Page