The intended parent refers to the individual who desires to have and raise a child. They have the option to engage in a surrogacy agreement with a surrogate mother and assume legal parenthood of the child, regardless of any genetic connection.
Intended parents are individuals or couples who intend to have and raise a child. They may enter into a surrogacy contract with a surrogate mother, and regardless of any genetic link to the child, they are legally recognized as the child’s parent. For example, John and Jane are unable to conceive and have entered into a surrogacy contract with a surrogate mother, making John the intended parent. Similarly, Mike and Sarah, a same-sex couple, use a sperm donor and have a surrogacy contract with a surrogate mother, making Sarah the intended parent. These examples highlight how intended parents, whether individuals or couples, plan to have a child through surrogacy and are legally acknowledged as the child’s parent, even without a genetic connection.
Yes, single individuals and same-sex couples can become intended parents through various assisted reproductive technologies, such as surrogacy or egg/sperm donation.
Intended parents can establish their legal rights through a surrogacy agreement, which outlines their parental rights and responsibilities. This agreement is typically enforced by the court.
In some cases, intended parents may have the option to choose the gender of their child through techniques like preimplantation genetic diagnosis (PGD). However, the availability and legality of gender selection vary by jurisdiction.
The legal rights and responsibilities of intended parents are typically established through a surrogacy agreement. If the agreement is properly executed and recognized by the court, the surrogate generally cannot claim parental rights or seek child support.
Intended parents are typically not held legally responsible for any medical complications that may arise during the surrogacy process. However, they may be responsible for covering the medical expenses related to the pregnancy and childbirth as outlined in the surrogacy agreement.
The level of involvement of intended parents during the pregnancy and childbirth process varies depending on the agreement between the parties involved. Some intended parents may choose to be present during medical appointments and the birth, while others may prefer a more hands-off approach.
Yes, intended parents can use a surrogate from a different country, but it is important to consider the legal implications and requirements of both the home country and the country where the surrogacy takes place. International surrogacy arrangements can be complex and may require additional legal steps.
Establishing legal parentage when using a known sperm or egg donor can vary by jurisdiction. It is crucial to consult with a legal professional to understand the specific laws and requirements in your jurisdiction.
The need for adoption after a surrogacy arrangement depends on the laws of the jurisdiction. In some cases, the intended parents may need to complete an adoption process to establish legal parentage, while in others, the surrogacy agreement alone may be sufficient.
To protect the rights of intended parents, a comprehensive surrogacy agreement should be drafted and executed. This agreement typically addresses the surrogate’s commitment to relinquish parental rights and outlines the intended parents’ rights and responsibilities. Additionally, some jurisdictions may require a court order to establish legal parentage and prevent any potential changes of heart.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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