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Common misconceptions about surrogacy law

On Behalf of | Apr 15, 2024 | Surrogacy

At one point, parents were limited in terms of starting a family. Most had to go through traditional pregnancy. With advancing technology, starting a family has become a more accessible option for many people.

Surrogacy is one potential option for prospective parents. Nonetheless, the law still has some catching up to do, and there are many misconceptions around surrogacy laws.

Here are two of the most common misconceptions.

Surrogates are taken advantage of

One of the most common misconceptions is that surrogates are somehow forced into the situation. The opposite is usually true. While surrogates are compensated fairly, they are usually genuinely happy to help couples start a family of their own.

Also, before surrogacy can take place, all parties, including parents and the surrogate, are screened to ensure that all parties are entering into the agreement voluntarily and are prepared for what lies ahead.

A surrogate can change their mind and keep the baby

Another common misconception is that the surrogate can decide to keep the baby. This is not true – unless they’re ready to face legal consequences.

It’s important to remember that a surrogate is not genetically related to the child, as the egg used in the pregnancy typically comes from the prospective parent. A surrogate simply carries the baby up until the point of birth. Again, the screening process will help ensure that all parties are in the right frame of mind and willing to engage in the process as intended.

After the screening process has been completed, it will be time to draft a formal surrogacy agreement. This details the legal rights of all parties. Having legal guidance behind you at each stage of the surrogacy process will be highly beneficial.