Will the surrogate want to keep the baby?

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As a fertility lawyer, I am frequently asked, “but what if the surrogate decides she wants to keep the baby?” I have never had that happen with any of my clients. There are several safeguards a skilled fertility lawyer should put in place to minimize the risk. To set everyone up for success, a good fertility attorney (and surrogacy agency) will require the following steps be taken:

  • Learn the surrogate’s motivation for carrying a baby for someone else 

  • Verify that the surrogate has a support system in place before, during, and after the pregnancy

  • Screen the surrogate to assess her maturity, background, and mental health

  • Confirm that the surrogate has at least one live birth, already completed her own family, and does not desire more children

One added layer of protection is to pursue gestational surrogacy. In gestational surrogacy, the egg used to create an embryo is provided by the intended parent(s), which can be from the intended mother herself, or from a donor egg. The intended parents’ embryo is then implanted into the gestational carrier, who has no biological connection to the baby. 

SurrogacyCiera Krinke