The concept that a woman gives birth to a son who does not belong is somewhat complicated. For this reason, you must count with advice and precautions from the legal point of view before opting for surrogacy.

Most Spanish speaking countries consider that surrogate motherhood is illegal. In the United States, local governments have the power to enact its own laws, so that the legality of a surrogacy contract depends on where you save you and the gestational mother.

In States where the law will protect this assisted reproduction technique, you can sign a contract and make a request official so that biological parents are named as such in the birth certificate (the gestational mother does not have any right to the baby). By contrast, in the more restrictive States, contracts of this type do not have validity and must wait for the gestational mother you give the baby up for adoption.

Illinois is the only State that has specific laws that regulate and allow surrogate motherhood. In Florida, New Hampshire, Nevada, Texas, Utah, Virginia and Washington, this technique is permitted as long as specific requirements are met. In other States, such as Arkansas, Connecticut, Iowa, Dakota of the North, New Mexico, Tennessee and West Virginia, is practiced but laws are not very detailed and there are differences between the types of surrogacy.

Around the world, some Nations not only allow surrogate motherhood, but it has become a lucrative industry, as in the case of India and Russia. Other countries do not prohibit it, but contracts of this type have no validity. I.e. If carrier mother decided to leave the baby, the birth parents have no legal basis to claim it.

Countries more conservative, like most of Latin America, have a restrictive approach on this issue (Costa Rica and Spain,) for example. Surrogate motherhood is if allowed in Mexico.

Subrogation agreement

In the States where it is allowed, the first legal step towards surrogate motherhood is a contract between the gestational mother and biological parents.

According to the law of each State, the contract is usually required until the medical process begins; that is, until is done in vitro fertilization. Usually it is required that involved mothers and their partners (if you are married) to attend psychological evaluations to determine their ability to participate in a surrogacy contract. The expert must provide an opinion to establish their fitness. Once this test, must meet requirements that required by law. In some cases, this may require a social study of the biological parents, documents certifying their marital status, sexual orientation, evidence of their inability to conceive on their own, among others.

Once the contract is made, the Court may issue a “prior to birth order” (pre-birth order in English), where it is established that the biological parents must be registered as such in the birth certificate of the baby. In this way acquire all legal rights over the baby, can visit him in hospital, select name, make medical decisions, and take it home without major setbacks.

Other laws consider invalid any agreement between a gestational mother and birth parents, so who gives a light is considered the mother and the baby is registered according to your instructions. If so, your only option is to adopt a baby, but you must wait 72 hours so that the mother can give it up for adoption, and then start the legal process. While it is pending, you don’t have any right to the baby.

If you are a biological mother and are looking for a belly of rental, be sure to check the requirements at the place where the gestational mother lives and where the baby will be born before the medical process. Otherwise, the agreements that you have with the gestational mother may lose validity and you could stay without your little.

Surrogate Motherhood: Legal Considerations

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