There are two types of surrogacy- gestational and traditional. The process to get a surrogate is long and has many legal implications.
A gestational surrogacy is when one person carries and delivers a baby for another person or couple. The person who goes through the pregnancy and birthing process is called the gestational surrogate or carrier. The others who intend to raise the child the surrogate gave birth to are called the intended parents.
While it may seem like the surrogate is genetically related to the child, that is not the case, as surrogacy is usually done through in vitro fertilization (IVF). IVF is when the intended parents’ or a donor gives an egg and sperm to a lab to create an embryo, which is then transferred to the surrogate.
Traditional surrogacy is when the person that goes through the pregnancy and birthing process is related to the baby as they used their eggs. After the birth of the baby, the surrogate, or in this case- birth mother, has to give up parental rights to the intended parents. Most of the time, this type of surrogacy is illegal.
What is the Point of Surrogacy?
Many people who are unable to conceive or give birth may choose the route of gestational surrogacy when growing their family. Usually happens when:
- A single person or same sex couple
- No uterus due to medical issues
- Medical or psychological condition puts them or the fetus at risk if pregnant or to give birth
- Infertility
Legal Framework
Once the surrogate carrier is chosen, both parties, the carrier and the intended parents must sign a legal contract before the IVF process begins.
The contract legally covers:
- After birth, the baby goes to the intended parents
- Outlines the carrier’s responsibility through the whole process
- Requirements and regulations the carrier must follow
- Compensation and payment
- Sensitive topics in the event of miscarriage, etc
- Risks and liability entering the process of surrogacy
- State’s surrogacy laws
Emotional Factors
While there are physical risks to surrogacy from the process of an IVF, to pregnancy and then birth, there is also a great emotional risk.
A gestational surrogate may experience:
- Emotional bonding with the child during pregnancy
- Depression during the pregnancy and postpartum
- Feelings of loss and grief after the pregnancy is over
- Tension with your current partner and children
- Challenges forming a relationship with the intended parents
Role of Surrogacy Agencies
A surrogacy agency makes the process easier and smooth. Essentially they coordinate all steps of the process, from matching the surrogate with the intended parents, connecting you with professionals like a doctor or a child custody lawyer, and being a guide for any challenges with their 24/7 support.
Conclusion
No, the surrogate can not keep the baby. The contract that all parties signed before the process began outlined that the surrogate must legally give up the baby to the intended parents. Because the carrier is not genetically related to the baby, they have no rights as a birth parent.
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