Bringing a child into the world through surrogacy is an exciting journey, but it can also bring up a lot of questions. One of the biggest worries for parents considering this path is: What if the surrogate wants to keep the baby?
It can feel overwhelming, but understanding the legal landscape can bring peace of mind. In this blog, we’ll explore this concern, explaining how the process works and what legal protections are in place.
What parents must know
When considering surrogacy, many prospective parents worry about whether a surrogate might decide to keep the baby. Fortunately, the answer is reassuring: a surrogate cannot keep the baby.
From the outset, gestational surrogates understand that the child they carry is not theirs. While they may develop a unique bond with the child and the parents, surrogates are clear about their role and the nature of the journey they are undertaking.
Additionally, most surrogates choose this path voluntarily, often motivated by the desire to help families realize their dreams of parenthood. Most have their own families and are committed to supporting people who want to build their own.
Can they change their mind?
That said, surrogates can change their mind early in the process. There are several stages in the journey where they can choose not to proceed, including:
- During the initial informational stage, they can decide not to pursue surrogacy at all.
- If she moves on to the screening stage, they can opt out at any time before getting approval.
- Once approved, they can decline any family profile that doesn’t feel right for her.
- Even after meeting a family, they can decide not to move forward if they have reservations.
However, once a formal surrogacy agreement is in place, the surrogate is legally bound to fulfill their role. By this stage, they have had ample opportunity to consider their decision.
This structured approach ensures protection for both the surrogate and the intended parents. With the agreement, all parties can focus on the goal of bringing a new life into the world.
If you are considering surrogacy, it can be wise to consult a legal professional. With their help, you can draft an agreement that will protect your rights and help you build the family you want.