Can the surrogate mother take the baby within the first 30 days after birth?
by Nicole
(Michigan)
I know there are a lot of laws surrounding adoption and surrogacy. So I was wondering if the surrogate mother had a time period in which she could ask for the child be returned to her custody like in adoption.
Reply by Rayven
In Gestational Surrogacy in the United States, the gestational surrogate does not have the ability to "claim" the child at any time after the birth. She has no legal right to the child.
In Traditional Surrogacy, laws vary by state. Since with traditional surrogacy the baby is the biological child of the surrogate mother, these situations usually resemble an adoption, in which the traditional surrogate will be required to sign over her rights.
30 days? I'm not familiar with any adoption states that allow this. I've heard 3 days.
Bottom line: if you are going with gestational surrogacy, there is no need to worry about such circumstances, but you may need to find a great surrogacy state if interested in traditional surrogacy. Or, simply find an experienced traditional surrogate to ease your fears.
Best wishes
Comments for
Can the surrogate mother take the baby within the first 30 days after birth?
Surrogacy VS Adoption by: Rayven from Information on Surrogacy
Problems on this level with surrogacy are few and far between; in fact, I've heard of many more cases where the intended parents reject the child than the surrogate tries to keep him.
Surrogacy is far more appealing than adoption if this is your concern. Remember, a surrogate goes into the situation knowing the baby is not hers, while an adoption is an emotional decision made after the birth mother is pregnant.
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