Gestational Surrogacy

Written by Will Baum
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In gestational surrogacy, a woman other than the biological mother of a child carries the child from fertilization until birth. Gestational surrogates are like "human incubators" with a complex relationship to the child growing inside them. Careful screening and matching of gestational surrogacy candidates and prospective parents is a delicate process best performed by professional assisted reproduction experts.

Gestational Surrogacy and the Law

The last place you want to end up in after gestational surrogacy is in court. But with the rush of hormones that accompany pregnancy, and with nine months to think things over, sometimes surrogates begin to feel they should continue to be a part of a child's life after it is born. They've stopped drinking and eating sushi and limited all sorts of behavior for the child. Why shouldn't they get to be a parent as well?

Happily, California courts have embraced contracts signed by surrogates and prospective parents. Where other states leave some questions up in the air, California courts see signed legal agreements as final. Second thoughts by surrogate mothers--a frightening prospect for biological parents--are dismissed. The contract is what matters.

Find an assisted reproduction center with lawyers on staff. Getting contracts right is essential. Don't rely on a lawyer who isn't expert in reproductive issues. You don't want to end up in the nightmare scenario of having to battle to be your child's parent. Parenting is hard enough without the stress and pain of a court case. With the proper handling and care at the beginning, you'll be able to raise your child without giving a second thought to these questions.


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