Surrogate Mothers Online Q & A: We are looking into a traditional surrogacy situation. We are willing to use a surrogate from another state. If we do so, which state's laws should we be concerned with? Ours? The surrogates? Or both? Also, I was wondering if it is possible to terminate the surrogate's parental rights (i.e. finalize a stepmom adoption) before the baby's birth, or does it have to be done afterwards? - <a href="mailto:rblcpa@home.com">Rena</a> in CA

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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.

13. We are looking into a traditional surrogacy situation. We are willing to use a surrogate from another state. If we do so, which state's laws should we be concerned with? Ours? The surrogates? Or both? Also, I was wondering if it is possible to terminate the surrogate's parental rights (i.e. finalize a stepmom adoption) before the baby's birth, or does it have to be done afterwards? - Rena in CA - Top

Rena,

Hello! You should be VERY concerned with the state laws that the surrogate lives in. Since you are in CA, there is nothing to worry about. They have VERY surrogate friendly laws.

The only state in the US where it may be possible to terminate rights before the child is born is Arkansas. I would suggest contacting Gary Sullivan in AR. He is a surrogacy atty and can tell you more about that process.

Every other state in the United States the birthmother is guaranteed parental rights after the birth. Please seek legal counsel.

Jennifer

Rena,

First let me apologize for taking so long to respond to your question. I have been out of town due to an unexpected illness in the family. Now to answer your question:

With Traditional Surrogacy or AI, the state where the child will be born is the state that you want to be most concerned with. However, it is good practice to know what the laws concerning surrogacy are in the surrogate's and your states of residence too in case you have to do something there unexpectedly. The only state that I am aware of that will allow termination of parental rights prior to birth (in a surrogacy case)is CA. This case just occured last year and was the first of it's kind dealing with an AI surrogate. That doesn't mean other states don't or won't do it.

Hope this helps.

Lynn - Updated: January 31, 2000
Topics may include contracts, legal fees, establishing parental rights, etc.

13. We are looking into a traditional surrogacy situation. We are willing to use a surrogate from another state. If we do so, which state's laws should we be concerned with? Ours? The surrogates? Or both? Also, I was wondering if it is possible to terminate the surrogate's parental rights (i.e. finalize a stepmom adoption) before the baby's birth, or does it have to be done afterwards? - Rena in CA - Top: Rena,

Hello! You should be VERY concerned with the state laws that the surrogate lives in. Since you are in CA, there is nothing to worry about. They have VERY surrogate friendly laws.

The only state in the US where it may be possible to terminate rights before the child is born is Arkansas. I would suggest contacting Gary Sullivan in AR. He is a surrogacy atty and can tell you more about that process.

Every other state in the United States the birthmother is guaranteed parental rights after the birth. Please seek legal counsel.

Jennifer

Rena,

First let me apologize for taking so long to respond to your question. I have been out of town due to an unexpected illness in the family. Now to answer your question:

With Traditional Surrogacy or AI, the state where the child will be born is the state that you want to be most concerned with. However, it is good practice to know what the laws concerning surrogacy are in the surrogate's and your states of residence too in case you have to do something there unexpectedly. The only state that I am aware of that will allow termination of parental rights prior to birth (in a surrogacy case)is CA. This case just occured last year and was the first of it's kind dealing with an AI surrogate. That doesn't mean other states don't or won't do it.

Hope this helps.

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.)
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