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.

    1. I read on another posted question that "all forms of paid surrogacy are illegal in New York". I live in NY and want to be an AI surrogate for a lesbian couple who are not able to become pregnant, they have been trying for several years. How should we go about this if it is illegal? What options do we have. The sperm donor would be anonymous. - Merril in Brooklyn, NY

    2. We are a couple from Quebec, we know surrogacy is illegal here. If we go to court,we will loose. We already have our surrogate mom here, we still need eggs ans sperms. Witch is the state that would be best to find a traditionnal surrogate that would have no problem delivering to Quebec ? Is there any place in the world that we would not need a lawyer to adopt ? Help us we are lost. Thank you ! - Anonymous in Quebec

    3. I live in the Uk and want to become a traditional surrogate for a couple in Houston Texas, I seem to be having trouble finding out the law in the Uk about this. I am intending to go to Houston for the birth to make it easier for the IP's and myself and family. How long will I have to stay in America before the child is legally the IP's? We need this to run as smoothly as possible as obviously I have my own family to get back to. Any information on the Uk laws and American adoption laws will be very gratefully received. - Karen in Essex, England

    4. I am a surrogate in an AI arrangement with a wonderful couple. We are now trying to work out the details of when the baby is born - I am currently 4 months' pregnant. After talking with the probate court here that handles adoptions, I feel that I'm getting nowhere fast. I really do not want to go to/through a lawyer. Have you any resources or sites where I could get specific information about giving up parental rights and then adoption by the step mom? I am in Ohio. The baby will be born in Ohio. The IPs are from VA. The probate court here wants me to register the surrogacy first, though the magistrate made it seem that it was not absolutely necessary. She also told me that the step mom needs to wait 6 months before she can adopt.

    Whatever help/advice you can offer would be most appreciated. I hope I didn't get in over my head. I thought it would be easier than this (as I was led to believe) - a simple court appearance asking that my maternal rights be rescinded, and then the IPs would deal with the adoption in their home state. Is this the case? Is it this easy? Help! -
    Blue in OH

    5. What is involved in finalizing parental rights in the case of gestational surrogacy. Do you need an attorney to get the order of parentage or is that something that we can do on our own? - Julie in CA

    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


    7. I have a question that I don't think I've ever seen posted before... I am a Texas resident but, we are currently living in North Dakota due to my husbands job. Which states surrogacy laws would I have to follow? In North Dakota I've read that this state either can not or will not enforce a surrogacy contract. If this is the case, and I have to follow ND's laws, how would I ever find a couple that would be willing to work with me, considering the circumstances? - Heather in Minot AFB, ND

    8. We have one child whom through surrogacy and are in the process of having a 2nd child via surrogacy. The surrogate who carried our 1st child is unable to carry again so we have developed a relationship with a women in England who is willing to AI for us. She has been a surrogate prior, however, never for parents that reside in the USA. Could you give me any information about the legal aspects of how to get a child out of England once he/she is born and the adoption process. I'm assuming the adoption would be out of the US courts? Father is US citizen and the child will be born in England. Really appreciate any input and many thanks for a great web page. Very useful. - Brian in NJ

    9. I need to know if there is some kind of contract the surrogate needs to give up her rights to the child after it is born. Is there one out there or do we need to ask our lawyer. - Anonymous

    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

    11. Is surrogacy legal in the UK because i don't seem to be able to find anyone in England? - Ally in England

    12. I am planning on being a GS. I have legal coverage through my husband's work. Kinda like an HMO for Legal. Can I use my own attorney or do I have to use the attorney the IP's or agency want me to use. - Anonymous in Southern CA

    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

    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

    15. I am going to be an Ai Surrogate for my sister and brother in law. We are all very excited about this . They have been waiting for a baby for several years. Here is my question, we are going to be doing the inseminations at home (at first anyway) Hopefully it will work. How do we handle the legal aspects (adoption exc.)? Also should I talk with my doctor before doing the insemination and how do I explain exactly what I am doing to the doctor? We want a doctor that accepts and supports us? And anything else you think would be helpful to us, we would love to hear. - Casey Harris

    16. My husband and I are currently trying to figure out exactly what are the requirements for using a GS surrogate in the State of Virginia. I have been told that the IP and the surrogate and her husband are both required to have a home study completed and that we have to petition the court for their approval prior to the IVF. This IVF would be done with frozen embryo and prior to the thawing we can't even be sure that any of the 4 frozen embryos will make it through the process. I would really be interested to hear from someone that can tell me about this firsthand and I'd also like to get an idea if you have to have the courts approval prior to the IVF how long does that process sometimes take. I've been told this could take 6 mos to over 1 year. If there is anyone in Virginia that can provide input to this please email me. --Duna Ellis in Virginia

    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

    18. I am planning on being a surrogate and have already met the most wonderful couple to work with. However, their clinic doesn't want my couple to pay me a surrogacy fee, and may not work with us if I do receive a fee. Is there a way to get around this? -April

    19. I am doing a research paper for English and I need to Know what laws have been passed and also how many surrogate mothers are there in the U.S. available. -Tishina Brown

    20. I was told that surrogacy was illegal in arizona, where I am moving to, so does this mean I cannot be a surrogate?? I would be very disappointed if that were true, and might consider staying where I am, but I heard New Jersey is also illegal. Please help!!! - Lorraine in Somerville, NJ

    21. What would you do if the surrogate Mother didn't want to give the babies to you? -Tarah

    22. Can gestational surrogacy be done without using a lawyer? Do we need to fill a Court Order for paternity rights in Ohio? Where can I find a lawyer in Ohio for gestational surrogacy? - Michael

    23. My husband is concerned that if I were to be a GS and the genetic mother and father divorced before the child was born or if they decided they did not want it then what would happen and wouldn't I feel morally responsible for the child. have you ever heard of this happening? Any suggestions on what to tell my husband? Kris

    24. I am undergoing a partial hysterectomy in January. My sister is going to be our gestational host. Since my eggs and my husband's sperm will be used, from a legal standpoint, what should we prepare ourselves for? Also, once the procedure has begun will my sister need to take off from work a few days and commit to bedrest? - 30 and Mom-ready

    25. My wife and I have been negotiating an AI contract with a potential surrogate. The surrogate believes that no more than 3 cycles of inseminations is the norm for most AI contract. Since she will not being taking drugs to increase the chances, we believe that 6 or less cycles of inseminations would be the average? Also, how much should a AI surrogate be compensated per cycle? - Anonymous

    26. I am giving a speech on being a surrogate mother. I have to agrue against it and also for it. My question is what problems may arise with surrogacy contracts and what advantages does being a surrogate mother have? - Tara

    27. I live in Pennsylvania and the potential surrogate lives in New York. How can I find a physician who deals with this procedure? I have been told AI is not legal in New York. - Jill in PA

    28. In my state the law says you cannot pay a surrogate fees for the baby - that all fees must be accounted for in medical expenses, child care, living expenses. We want to and are paying our surrogate more than this, in fact we are paying her at the high end of the going range. Will the state laws present a problem when we go to court? - Kay B.

    29. What are the legal difficulties of the different areas of surrogacy? - Saralou in Australia

    30. I am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matterI am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matter? - Deb in North West England

    31. I am contemplating being a GS Surrogate for a friend who would like to have a child but is unable to carry it on her own. Would she have to adopt the child once it is born or can she automatically be listed as the birth mother? - Theresa in GA



    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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