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What if a surrogate wants to keep the child?

On Behalf of | Feb 23, 2024 | Surrogacy

Finding the right surrogate can be a time-consuming and stressful process for the intended parents. A lot is often considered, such as a surrogate’s health history, lifestyle values and communication style. The process of finding the perfect surrogate may take multiple interviews before the intended parents feel comfortable with their decision. 

However, intended parents may feel anxious when a surrogate alludes that they may keep the child after they are born. This is not ideal for intended parents who may see their plans start to fall apart. It’s often questioned whether a surrogate has the right to change their mind and keep a child if they begin to develop a bond. Here’s what intended parents should know:

The importance of a strongly drafted surrogacy agreement

Each state handles surrogacy matters differently. Minnesota doesn’t have regulations or laws for surrogacy. However, intended parents and surrogates can still benefit from creating a surrogacy agreement. A surrogacy agreement is a crucial document to prevent legal problems. 

This document can be made before a pregnancy occurs to clearly define the intent and expectations of the surrogacy process. This may include having a surrogate undergo physical and psychological examinations. The costs of the surrogacy, care of the child and medical bills may also be outlined in the surrogacy agreement. 

A strongly drafted surrogacy agreement could prevent a surrogate from keeping a child after they are born. This often requires help from counseling and legal representation to ensure that an agreement covers every possible issue. If a surrogate challenges the relationship of a child, this agreement may be crucial to resolve the issue. 

The chances of a surrogate backing out of an agreement may be low, but it’s not impossible. Even if the relationship between the intended parents and a surrogate is strong, it can still benefit the intended parents to discuss their legal options.