The Legal Implications and Complications of Using a Surrogate

Hollywood is congratulates Sarah Jessica Parker and Matthew Broderick on the birth of their twin daughters Tabitha and Marion. At Baby Lifestyles, we’re receiving emails about the legal rights that the couple’s surrogate might have to visitation. Surrogacy laws vary by state, so choosing the right state is crucial. North Dakota does not legally recognize surrogacy agreenments, and in Arizona it’s actually a crime. Here are some important legal facts about surrogacy for those who are deciding if this route of child birth is right for them:

1. Surrogate mothers who are not genetically related to the child in the past have had very little success in obtaining any kind of parental rights. In surrogacy-friendly states, like California and Ohio (where Parker and Broderick opted for their surrogate), a judge issues an order, either before or immediately after the delivery. This order recognizes only the genetic parents as the legal guardians. In other states, the intended mother may have to go through an adoption procedure, even if it’s their own child.

2. If a couple cannot use the intended mother’s due to viability issues, your best legal bet is to use a third-party egg donor. A couple should NEVER use the surrogate mother’s egg.

3. You can have your surrogate sign a contract. This document can (and should) require in-depth psychological testing of the mother to ensure she is emotionally prepared to carry and give up the baby. It can even govern aspects of the surrogate’s day-to-day pregnant life like drinking, smoking, and diet. It can even say she has to temporarily give up dangerous activities, like giving her motorcycle a rest. The contract can also legally dictate aborting a pregnancy should testing reveal problems with the fetus.

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