Surrogate Mothers Online Q & A: We are working with an agency in CA and we come from Australia. Just a few questions: 1. When the baby is born how long do we have to stay before we can come home? 2. Can just one on the IPs attend the birth and bring the child home? 3. Do both parents (IPs) have to be present for the petition to the court? 4. We are doing traditional surrogacy via the eggs being insem. then put back into the surrogate thus she is biologically the mother...so will the surrogates name or the Ips name be on the birth cert. 5. My husband is extremely concerned that we live so far away...so if the surrogate decides to keep the baby what legal right have we got seeing we live so far away..yes contracts will be signed before hand... 6.Surrogacy laws in australia are very tricky...so whn we bring the child back into the country...do we have to obtain a passport and how long will that take..if the surrogates name is on the birth cert. then i would have to do an step parent adoption perhaps which we are affraid will take time...so is it possible to find out the childs sex and have the agency arrange the paperwork to go smoothly and in the less amount of time... Sorry to be so vague..at times but this is really new to us as we thought we would find a surrogate here in australia ....but this is our last resort...

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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.

6. We are working with an agency in CA and we come from Australia. Just a few questions:

1. When the baby is born how long do we have to stay before we can come home?
2. Can just one on the IPs attend the birth and bring the child home?
3. Do both parents (IPs) have to be present for the petition to the court?
4. We are doing traditional surrogacy via the eggs being insem. then put back into the surrogate thus she is biologically the mother...so will the surrogates name or the Ips name be on the birth cert.
5. My husband is extremely concerned that we live so far away...so if the surrogate decides to keep the baby what legal right have we got seeing we live so far away..yes contracts will be signed before hand...
6.Surrogacy laws in australia are very tricky...so whn we bring the child back into the country...do we have to obtain a passport and how long will that take..if the surrogates name is on the birth cert. then i would have to do an step parent adoption perhaps which we are affraid will take time...so is it possible to find out the childs sex and have the agency arrange the paperwork to go smoothly and in the less amount of time... Sorry to be so vague..at times but this is really new to us as we thought we would find a surrogate here in australia ....but this is our last resort... - Concerned IPs - Top

Dear Concerned IPs,

Here are your answers...

1. When the baby is born how long do we have to stay before we can come home?

The most I have heard is 7-14 days for the legal
procedures to be wrapped up.

2. Can just one on the IPs attend the birth and bring the child home?

Yes. They can generally do that. Unless your legal counsel has said otherwise.

3. Do both parents (IPs) have to be present for the petition to the court?

No. Generally no one goes. The attorney will send the papers through. You may have to appear before the court to have the documents changed.

4. We are doing traditional surrogacy via the eggs
being insem. then put back into the surrogate thus she is biologically the mother...so will the surrogates name or the Ips name be on the birth cert.

The surrogates name will appear on the original birth certificate. But your husbands should also. This will leave the only thing to change is your name.

5. My husband is extremely concerned that we live so far away...so if the surrogate decides to keep the baby what legal right have we got seeing we live so far away..yes contracts will be signed before hand...

You really don't have much to worry about. This
legally is decided on the behalf of the intended
parents in all but one case. If going through
an agency your surrogate should have been screened
legally and psychologically!

6.Surrogacy laws in australia are very tricky...so when we bring the child back into the country...do we have to obtain a passport and how long will that take..if the surrogates name is on the birth cert. then i would have to do an step parent adoption perhaps which we are afraid will take time...so is it possible to find out the childs sex and have the agency arrange the paperwork to go smoothly and in the less amount
of time...

Your legal counsel should have gone over all of this with you before you went ahead and retained them. I would suggest talking to them to clear up all your questions.

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

6. We are working with an agency in CA and we come from Australia. Just a few questions: 1. When the baby is born how long do we have to stay before we can come home? 2. Can just one on the IPs attend the birth and bring the child home? 3. Do both parents (IPs) have to be present for the petition to the court? 4. We are doing traditional surrogacy via the eggs being insem. then put back into the surrogate thus she is biologically the mother...so will the surrogates name or the Ips name be on the birth cert. 5. My husband is extremely concerned that we live so far away...so if the surrogate decides to keep the baby what legal right have we got seeing we live so far away..yes contracts will be signed before hand... 6.Surrogacy laws in australia are very tricky...so whn we bring the child back into the country...do we have to obtain a passport and how long will that take..if the surrogates name is on the birth cert. then i would have to do an step parent adoption perhaps which we are affraid will take time...so is it possible to find out the childs sex and have the agency arrange the paperwork to go smoothly and in the less amount of time... Sorry to be so vague..at times but this is really new to us as we thought we would find a surrogate here in australia ....but this is our last resort... - Concerned IPs - Top: Dear Concerned IPs,

Here are your answers...

1. When the baby is born how long do we have to stay before we can come home?

The most I have heard is 7-14 days for the legal
procedures to be wrapped up.

2. Can just one on the IPs attend the birth and bring the child home?

Yes. They can generally do that. Unless your legal counsel has said otherwise.

3. Do both parents (IPs) have to be present for the petition to the court?

No. Generally no one goes. The attorney will send the papers through. You may have to appear before the court to have the documents changed.

4. We are doing traditional surrogacy via the eggs
being insem. then put back into the surrogate thus she is biologically the mother...so will the surrogates name or the Ips name be on the birth cert.

The surrogates name will appear on the original birth certificate. But your husbands should also. This will leave the only thing to change is your name.

5. My husband is extremely concerned that we live so far away...so if the surrogate decides to keep the baby what legal right have we got seeing we live so far away..yes contracts will be signed before hand...

You really don't have much to worry about. This
legally is decided on the behalf of the intended
parents in all but one case. If going through
an agency your surrogate should have been screened
legally and psychologically!

6.Surrogacy laws in australia are very tricky...so when we bring the child back into the country...do we have to obtain a passport and how long will that take..if the surrogates name is on the birth cert. then i would have to do an step parent adoption perhaps which we are afraid will take time...so is it possible to find out the childs sex and have the agency arrange the paperwork to go smoothly and in the less amount
of time...

Your legal counsel should have gone over all of this with you before you went ahead and retained them. I would suggest talking to them to clear up all your questions.

Good Luck,
Jennifer - 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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