Define: Surrogate Mother

Surrogate Mother
Surrogate Mother
Quick Summary of Surrogate Mother

A surrogate mother is a woman who carries a baby for someone else. In cases where a woman is unable to conceive, she may seek the assistance of another woman. The surrogate mother agrees to carry the baby in her womb and give birth to it. However, she does not retain custody of the baby once it is born. Instead, the baby is handed over to the individual who sought her help. It is worth noting that a surrogate mother can either be the genetic mother (providing the egg) or not.

Full Definition Of Surrogate Mother

A surrogate mother is a woman who carries out the gestational function and gives birth to a child for another person or couple, typically for infertile couples. Upon the birth of the child, the surrogate mother relinquishes any parental rights she may have had. It is important to note that a surrogate mother may or may not be genetically related to the child. For instance, a woman may agree to carry an embryo throughout pregnancy for a couple who cannot conceive on their own. After giving birth, she gives the child to the couple, waiving any parental rights she may have had. Another example is when a woman agrees to carry an embryo for her sister who cannot conceive on her own. In this case, the surrogate mother is not genetically related to the child as the embryo is created using the sister’s egg and her partner’s sperm. These examples highlight how a surrogate mother selflessly carries a child for someone else and willingly gives up any parental rights she may have had. The first example demonstrates how a surrogate mother can assist infertile couples in becoming parents, while the second example showcases how a surrogate mother can support a family member who is unable to conceive on her own.

Surrogate Mother FAQ'S

Yes, surrogacy is legal in many countries and states, but the laws and regulations can vary widely.

The legal requirements for becoming a surrogate mother can vary, but generally include being of a certain age, having given birth to at least one child, and passing medical and psychological evaluations.

Surrogate mothers typically have the right to make decisions about their own healthcare and pregnancy, as well as the right to be compensated for their time and expenses.

In some cases, a surrogate mother may have the right to change her mind and keep the baby, depending on the laws and agreements in place.

Intended parents typically have the right to make decisions about the pregnancy and the baby, as well as the right to establish legal parentage through a surrogacy agreement.

A surrogacy agreement is a legal contract that outlines the rights and responsibilities of the surrogate mother and the intended parents, including issues such as compensation, medical care, and parental rights.

In most cases, the surrogate mother cannot be held financially responsible for the child, as the intended parents are typically responsible for all costs associated with the pregnancy and the baby.

In some cases, the surrogate mother may have input into the selection of the intended parents, but ultimately the decision is typically made through a matching process facilitated by a surrogacy agency or attorney.

The legal rights and responsibilities for handling complications during the pregnancy are typically outlined in the surrogacy agreement, and may involve decisions about medical care, financial compensation, and the potential termination of the pregnancy.

International surrogacy arrangements can involve complex legal issues related to citizenship, immigration, and international law, so it is important to seek legal advice from an attorney with experience in international surrogacy.

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Disclaimer

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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