Can a surrogate mother decide to keep a baby?
Each year there are more and more infertile couples in the world can solve their problem only by surrogacy. And when the happiness is so close and there was such a long, stressful and full of disappointments way emerges a critical and the most painful question: what if a surrogate mother changes her mind and decides to keep the baby. Is there any way out or you just have to wait and pray for good luck. Let’s have a closer look on it.
Can a surrogate mother change her mind?
Hypothetically, surrogate mothers can change their mind right after the delivery. We can’t ignore the fact that the woman has been through one of the most difficult hormonal transformations and the reaction of the psyche can be unpredictable even for the surrogate. Because the woman who signed the contract and the woman under the influence of pregnancy: can be two different women. And it’s none of her fault, it’s human nature. For these 9 months she can get into the role of the mother. So deeply that it will be extremely difficult to part with it and give away the child.
Also, a surrogate mother can have an additional profit motive and start to blackmail the intended parents. No one can predict if one of these scenarios takes place in the future but it is necessary to adjust all the legal issues in advance.
First of all, regardless if you are at home or abroad, you have to study carefully the legislation of the country where the surrogacy will take place because it can be quite ambiguous. Especially, you should draw your attention to Domestic Relations Code, Civil Code, The State La. About health care and other statutory regulations. Also about assisted reproduction approach since only there you may find possible legal traps and way-outs.
For example, there are a lot of states where surrogacy is allowed but not well-regulated. And there on the one hand, biological parents are offered to sign an agreement with a surrogate mother where she grants her consent to part with the child. But on the other she needs to consent once more after delivery. Because without it intended parents cannot claim their parental rights.
If surrogate mum decides to keep the baby
the previous contract has no legal validity as the infant cannot be a bargain item according to the law, so intended parents have to file a lawsuit, but if the woman has registered the infant as her own, genetic parents won’t be able to dispute their rights even claiming that the surrogate has agreed to carry the baby for them since for the law the consent to carry the baby is not the same as one to give it away.
The only one thing the contract can be used for it is money return. The surrogate will be obliged to refund medical expenses and return monetary compensation. But even this situation can be helped with the properly executed agreement. Prior to drafting the contract it is essential to find a reputable law firm that specializes on surrogacy legal support. The more experienced specialists the better chances that the contract will cover all the hypothetical issues, because there are hardly any legal instructions how to draft the contract about surrogacy.
Despite the fact that it is forbidden to include in it an obligation to transfer the baby it is possible to include all other obligations of the surrogate mother from the moment of an embryo transfer up to the infant’s registration. The complications can be prevented by noting down the amount of reimbursement the surrogate has to refund in case she refuses to fulfill the obligations.
Penalty can be twice or three times higher than the compensation. And also consist of various fines for medical care throughout the pregnancy together with medications, property rental if the surrogate doesn’t have her own place to live. And also compensation for moral harm. At least, if it doesn’t stop the surrogate mother from making the decision to keep the baby you will be indemnified.
Can surrogate mother keep a baby in Georgia?
According to the law in Georgia, the surrogate mother cannot change her mind and decide to keep the child. If she arrives at the decision not to part with the baby, her actions will be considered illegal. And she can be charged with criminal offense and violation of the administrative law. But only if , the contract between both parts was drafted and executed properly. Due to the same legal agreement the surrogate will be obliged to pay off the monetary compensation along with penalties. The amount of reimbursement and fines is optional and is negotiated at the signing of the contract.
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