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Because the surrogate in a traditional surrogacy is genetically related to the baby, she has an even stronger legal case to take custody of the child after it is born.
Despite meeting the ordinary requirements of a contract, a surrogacy agreement is a unique contract as there are conflicting human rights and interests involved when a dispute arises out of such an agreement.
Surrogacy agreements are not legally binding Many intended parents worry about what would happen if their surrogate wanted to keep the baby; equally, many surrogates worry about what would happen if the intended parents did not assume responsibility after the birth. In fact, these problems happen rarely.
With surrogacy, all the parties involved have certain rights. However, from a legal perspective, when the mother signs the surrogacy agreement, she's essentially signing away her right to keep the child. So if she changes her mind and decides post-birth that she wants to keep the baby, legally she's in the wrong.
Whether a surrogacy contract is enforceable depends on the resolution of a number of issues. First, courts must decide whether such a contract is void as against public policy or voidable by the birth mother. If the contract is enforceable, then the proper remedy for the breach of the agreement must be determined.
No. While a surrogate has rights, the right to keep the child is not one of them. Once legal parenthood is established, the surrogate has no legal rights to the child and she cannot claim to be the legal mother.
TRADITIONAL SURROGACY IN WYOMING The statute in Wyoming does not distinguish between Traditional Surrogacy and Gestational Surrogacy, so Traditional Surrogacy is neither authorized nor prohibited in Wyoming.
These typically include: Your agreement to assume custody of your child. Your affirmation that your surrogate may not get pregnant and that unforeseen medical complications are possible in any pregnancy, and that you'd still be responsible for her care.
Surrogacy contracts, also known as assisted reproductive agreements, are written agreements between the surrogate and intended parents. Aside from a having a healthy pregnancy and delivery, these contracts are one of the most important parts of the surrogacy process.
A traditional surrogate is the biological mother of her child, meaning she has parental rights and the power to change her mind and keep the baby. The intended parents would then need to go to court to gain custody of the child.