Surrogate Mothers Online Q & A: Hi my name is Michelle and i need to ask you a question, We have our Surrogate and i need to find a contract on how she would give up her rights to the baby after the baby is born, My husband is the father and she is the mother, I will be adopting the baby. We dont know where to go from here. She is 4 1/2 months pregnant. Thanks for any help you can give me.

Please help support this site by visiting our sponsor!

Surrogate Mothers Online Q & A

Q & A: Legal/Contract Issues - Surrogacy

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

10. Hi my name is Michelle and i need to ask you a question, We have our Surrogate and i need to find a contract on how she would give up her rights to the baby after the baby is born, My husband is the father and she is the mother, I will be adopting the baby. We dont know where to go from here. She is 4 1/2 months pregnant. Thanks for any help you can give me. - Michelle - Top

Michelle,

How you do this depends on what state the child is delivered in. For instance, in CA you can petition the courts to allow SM to terminate her parental rights in utero so that you and your DH will be listed on the original birth certificate. In other states the child can be placed in the custody of the IPs with court action to follow based on that states laws. What ever the delivery state says has to be done to get the child placed in your custody and the birth certificate ammended to name you as mother is what should be in your contract. Talk to an attorney familiar with surrogacy OR adoption in the delivery state.

Hope this helps,
Lynn Mom to Nichole via AI 3/30/99 - Updated: January 31, 2000
Topics may include contracts, legal fees, establishing parental rights, etc.

10. Hi my name is Michelle and i need to ask you a question, We have our Surrogate and i need to find a contract on how she would give up her rights to the baby after the baby is born, My husband is the father and she is the mother, I will be adopting the baby. We dont know where to go from here. She is 4 1/2 months pregnant. Thanks for any help you can give me. - Michelle - Top: Michelle,

How you do this depends on what state the child is delivered in. For instance, in CA you can petition the courts to allow SM to terminate her parental rights in utero so that you and your DH will be listed on the original birth certificate. In other states the child can be placed in the custody of the IPs with court action to follow based on that states laws. What ever the delivery state says has to be done to get the child placed in your custody and the birth certificate ammended to name you as mother is what should be in your contract. Talk to an attorney familiar with surrogacy OR adoption in the delivery state.

Hope this helps,
Lynn Mom to Nichole via AI 3/30/99 - 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