Surrogacy is an incredible journey that brings hope to intended parents and offers surrogate mothers the opportunity to be part of a life-changing experience. However, navigating surrogacy is not just about the emotional or physical aspects—it’s also a legal process. Surrogate mothers, especially in surrogacy-friendly states like California, are protected by specific legal, financial, and medical rights, ensuring that their well-being is a priority throughout the surrogacy journey.
In this article, we will explore the rights of surrogate mothers, including how they are protected by surrogacy laws in California, their financial compensation, medical decision-making rights, and more.
What Legal Rights Does a Surrogate Mother Have?
One of the most important elements of surrogacy is ensuring that surrogate mothers have clear and enforceable rights. These rights are usually defined through the surrogacy agreement, a legal contract between the surrogate mother and the intended parents, which outlines every detail of the surrogacy process.
Surrogacy Laws in California and Beyond
California is considered one of the most surrogacy-friendly states in the U.S., offering comprehensive legal protections for both surrogate mothers and intended parents. The state’s surrogacy laws ensure that surrogates are compensated fairly, their medical expenses are covered, and they are legally protected throughout the process. According to the California Family Code, surrogacy contracts, including those addressing financial compensation, are legally enforceable.
This is why many choose to pursue surrogacy in California—the state offers a clear legal framework that safeguards the rights of everyone involved.
One of the primary legal protections in California is the pre-birth order. This court order establishes the intended parents as the legal parents of the child before birth, ensuring that the surrogate mother has no legal claim to parental rights. The Uniform Parentage Act in California provides legal backing to pre-birth orders, which confirms parental rights well before the child is delivered.
This legal step is crucial in protecting the rights of both the surrogate and the intended parents.
Does a Surrogate Mother Have Parental Rights?
One of the most frequently asked questions in surrogacy is whether a surrogate mother has parental rights. In gestational surrogacy, which is the most common form of surrogacy, the surrogate mother is not genetically related to the child. The embryo is created using the egg and sperm from the intended parents (or donors), meaning the surrogate has no biological connection to the baby. Because of this, surrogate mothers do not have parental rights. This is clearly outlined in the surrogacy agreement, and the pre-birth order further ensures that intended parents gain full legal custody once the child is born.
In states like California, surrogacy laws and agreements are designed to protect the surrogate and the intended parents from potential disputes. Once the agreement is signed, the surrogate mother relinquishes any parental rights, and the intended parents are recognized as the legal parents.
Can a Surrogate Mother Sue to Keep the Baby?
The fear of a surrogate mother changing her mind and wanting to keep the baby is a common concern for intended parents. However, in states like California, this is not a legal possibility. Once the surrogacy contract is signed and the pre-birth order is established, the surrogate mother cannot sue to keep the baby.
The legal parental rights belong to the intended parents, and the surrogate mother is legally bound by the terms of the contract. This legal clarity is one of the reasons why California is known for its surrogacy-friendly environment.
Financial Rights and Compensation for Surrogates
Financial compensation is one of the most crucial aspects of surrogacy, ensuring that surrogate mothers are fairly compensated for their time, effort, and emotional investment throughout the pregnancy.
Do Surrogate Mothers Get Paid if They Lose the Baby?
One of the concerns surrogate mothers may have is what happens if the pregnancy does not result in a live birth. Most surrogacy contracts are structured to compensate surrogates based on milestones. These milestones are tied to specific points during the pregnancy, such as reaching the second trimester. Even in the unfortunate event of a miscarriage or pregnancy loss, surrogate mothers are still compensated for the time and effort they invested up to that point. This milestone-based compensation structure provides financial security for surrogates, ensuring that they are not left without support if the pregnancy does not go as planned.
What if There Are Medical Complications During Pregnancy?
Medical complications can arise during any pregnancy and surrogacy is no different. Surrogacy agreements typically cover all medical expenses related to the pregnancy, ensuring that the surrogate does not face any financial burden if complications occur. Additionally, surrogates are often provided with additional compensation for any health risks they encounter during the pregnancy.
This ensures that the surrogate is supported both financially and medically, no matter what challenges arise during the surrogacy journey.
Medical and Emotional Support for Surrogate Mothers
The surrogacy process can be both physically and emotionally demanding, and surrogate mothers have the right to receive medical and emotional support throughout the journey.
Surrogates’ Rights in Medical Decision-Making
Although surrogate mothers are carrying a baby for the intended parents, they still have certain rights when it comes to their own medical care. Surrogates have the right to choose their healthcare providers, participate in the creation of a birth plan, and make decisions regarding their own health. For example, they can decide whether to use pain management options such as an epidural, and they may request the presence of a doula or other support professional during labor.
This level of autonomy ensures that surrogates feel empowered and supported during the pregnancy, even as they carry a child for someone else. Surrogacy agreements generally outline these rights, ensuring that surrogates can make decisions that prioritize their own health and well-being.
Legal Counsel for Surrogates
Surrogate mothers also have the right to independent legal representation. This is a crucial aspect of protecting their rights, as it ensures that the surrogate fully understands the terms of the surrogacy agreement and is protected from any potential legal complications. Surrogates should have their own attorney, separate from the intended parents, to ensure there is no conflict of interest.
This legal representation helps safeguard the surrogate’s interests and provides peace of mind throughout the surrogacy process.
Ethical Considerations in Surrogacy
Surrogacy is sometimes a topic of ethical debate, with concerns about the commercialization of reproduction or the potential exploitation of surrogate mothers. These ethical considerations highlight the importance of working with reputable surrogacy agencies and attorneys who prioritize the rights and well-being of surrogate mothers.
At Surrogacy by Faith, ethical practices are at the heart of the agency’s approach to surrogacy. The agency ensures that surrogate mothers are treated fairly and are never exploited. This commitment to ethical surrogacy includes transparent agreements, fair compensation, and emotional support throughout the journey. By working with trusted professionals, both intended parents and surrogates can feel confident that the process is conducted in a respectful and ethical manner.
Why Choose Surrogacy by Faith?
When choosing a surrogacy agency, it’s important to find one that values and protects the rights of surrogate mothers. Surrogacy by Faith is a trusted partner in the surrogacy process, offering a faith-based approach that ensures surrogates are supported every step of the way.
Comprehensive Legal and Emotional Support
At Surrogacy by Faith, surrogate mothers are provided with independent legal counsel to ensure that their rights are fully protected. The agency works with experienced surrogacy attorneys to draft legally sound surrogacy agreements that cover everything from financial compensation to medical decision-making. Additionally, surrogates receive emotional support, including access to mental health professionals, to help them navigate the emotional complexities of the surrogacy journey.
Support Every Step of the Way
From the initial application process to post-birth recovery, Surrogacy by Faith is with surrogate mothers every step of the way. The agency provides ongoing guidance, ensuring that surrogates feel valued and supported throughout the pregnancy and beyond. This commitment to continuous care is what makes Surrogacy by Faith stand out as a compassionate and reliable surrogacy agency.
Whether you are looking for a surrogacy agency in California or any surrogacy-friendly state, Surrogacy by Faith offers a compassionate and comprehensive approach, deeply rooted in Christian values. Our commitment extends beyond the practical aspects of surrogacy, offering spiritual support and guidance to ensure everyone involved feels secure, valued, and respected. If you are considering becoming a surrogate or a parent through surrogacy, fill out out surrogate form and intended parent form today!