A child is a joy for every family. Unfortunately, there are people who can’t share this happiness for various reasons. However, there is a chance for such couples. Reproductive medicine has moved forward in recent years. Now, people who dream about a child can use a surrogacy program. In this way, parents find a healthy woman who agrees to give birth. Such a woman is called a surrogate mother.
So what happens next? A surrogate mother carries a baby and gives it to customers. But who is the legal parent of the baby? And can a surrogate mother keep the child? This question is of concern to all partners who want to participate in the program of surrogacy.
Who Has the Parental Rights
In America, surrogacy is not very well organized. The main issue remains the parental rights of the surrogate mother. Some states are very loyal to surrogacy, both traditional and gestational. As a rule, state law regulates this branch of medicine. Some states allow only gestational surrogacy, the others forbid surrogacy at all. Even though there are states loyal to surrogacy, there are some restrictions.
Before deciding on the surrogacy procedure in the USA, you should carefully study the legislation. Pay particular attention to the laws that regulate the surrogate mother’s rights, rights of potential parents, and the process of transferring parentage.
Some states define a surrogate mother as a legal mother. In this case, the surrogate mother must give up her rights to the child voluntarily, and the parents undergo the adoption process. This causes a lot of inconveniences, and parents are at great risk of not getting a child. Eventually, people who live in states with such laws often apply to Europe, Ukraine, or Georgia for a surrogacy program.
Regulation of surrogacy rights for parents in the USA
In the USA, in states where surrogacy is allowed, this process is strictly regulated by law. As a rule, a parent and a surrogate mother sign a surrogate parentage contract. The conclusion of the contract, conditions of its fulfillment, and some other specific features change depending on the state.
Pre- and post-birth orders
To confirm your rights as your child’s parent, you can choose one of two agreements (both take effect only after the child is born):
- Pre-birth order is an agreement between potential parents and a surrogate mother. It states that parental rights are fully owned by the couple, and the surrogate mother doesn’t claim the child in any case. When using the gestational surrogate method, the surrogate mother has no genetic connection with the child. This is the document that answers the question Does a surrogate mother have rights? Such a contract is concluded before the birth of the child and allows excluding any concerns in the future.
- It is also possible to conclude a post-birth order. It has the same goal as the previous one. But it is concluded after the childbirth. In this case, the rights to the child are fully transferred to the parents. However, with this order, potential parents risk more. After all, there is a chance that the woman will change her mind, refuse to sign an agreement, and keep the baby.
Can a Surrogate Change Her Mind After the Birth?
Carrying and giving birth to a child is a complex process for a woman, both emotionally and physically. It may happen that the surrogate mother will refuse to leave the child. To resolve this problem in the USA, you can go to court. The question arises, Can a gestational surrogate keep the baby? No, she can’t, for she is not the genetic mother of the child. If you’ve used traditional surrogate motherhood, there may be problems. So it is better not to apply to such a program or choose another country for it.
Why Choose a Surrogate Mother from Georgia instead of the US?
Can a surrogate mother keep the baby in Georgia? In this country, surrogacy is legal. While deciding on choosing surrogacy in Georgia, please study the following sections of the Georgian law—141, 143, 144.
Advantages of the surrogate program in Georgia
Many couples from the US and other European countries, who dream about a happy family with children, choose Georgia for the surrogacy program. The conditions for this kind of procedure are favorable for couples. Here is the list of advantages of applying for the surrogacy program in Georgia:
Surrogate maternity programs in Georgia are supported at the governmental level. This is why you will not have any problems with laws.
A surrogate mother can’t keep the baby under any circumstances. Parental rights are fully owned by the couple who decided to have a child.
If you used donor material, don’t worry. This case is also covered by Georgian legislation. The rights are granted to people who have applied for the program.
Within one day after the baby is born, the parents receive a birth certificate.
Are you dreaming of becoming parents and dedicate your life to raising your child, who will inherit the best qualities from you? Georgia is a friendly country that helps people become happy parents avoiding legal problems.