Who Has Parental Rights in Surrogacy? A Look at Legal Frameworks and Gray Areas

The world has evolved to a point where people can literally help you. We, a couple, not only carry your child but also give birth to your child on your behalf, and that kind of process is an agreement known as surrogate or surrogacy, mainly an act of being a substitute or stepping in the gap for a family to help them carry their child during pregnancy and also give birth to the child on their behalf. I understand that there are lots of reasons why couples delve into this option when it comes to childbearing, from health concerns to profession demands and several others, to name but a few. But is a surrogate mother supposed to have any rights whatsoever because she's the biological mother, or has the contract negated her right to the child?

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When it comes to surrogacy, it's worth noting that it's an agreement between a woman and a couple, and the agreement is mostly based on the agreement that the woman would help the couple by carrying their child during pregnancy and also go through the childbearing on their behalf. These contracts are often signed before the process is initiated. Because there are lots of things that need to be agreed to, like agreement to outrightly release the child that'll be born to the couple and other things associated with being paid for the service and not coming back to come and claim to be the child's mother in the future, this contract often binds the agreement, and anyone who breaches it would most likely face the consequences associated with breaking that law.

In my opinion, I believe whatever is written in the agreement of the surrogate contract should be followed to the letter to avoid issues that could lead to punishment and the like. Most surrogate contracts often have contract restrictions on the surrogate mother from trying to claim the child as hers or trying to get access to the child. When you sign a surrogate contract as a surrogate, you already know you're only doing it for the money, and it's worth noting that there's nothing like "I don't need your money again in the near future." Once you've been paid or willingly agreed to do it and have signed the contract, then you must abide by the details of the surrogate contract. You can't say, "Because I'm the biological mother, then you must have access to the child." If you've signed a contract that prevents you from doing that after childbearing, then you must stick to it.

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So that's just my opinion; as a surrogate mother, you should have no access to the child except if the parents give you the opportunity to see the child. If they don't, then you must respect the boundaries except if you're ready to face the consequences, which could even include jail time. So what about you? What do you think about these issues? Do you think surrogate mothers should have access to the child anytime or not?


All photos are taken and edited on canva.


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4 comments

I agree with your perspective on the surrogate mother having no affair after signing a contract. It would be so unfair to the couples if the biological mother says she doesn't want the money again and wants her child.

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Yes I agree with you
Surrogacy is a contract and it's better it stays at that so that the child won't grow up confused on his/her actual mother

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