gestational surrogate - after birth, legal stuff

by sister love
(ontario)

Hi, I have written before and find the feedback very helpful, so thanks :)

My sister and brither-inlaw (biological parents) went to see the lawyer who will be drawing up the contract for the gestational surrogacy. Some things came up that we were all un aware of until now;

1. DNA test after birth, how long does it take for the results and if the carrier is a gestational carrier why is this done. The child will be under my name (I`m the sister) an I will be legal guardian until the results come back

2. what else is to be expected legally after the child is born, any thoughts or opinions are helpful as this process is so very important to us and the less unexpected the better.
Thank you
Sister Love

Reply by Rayven
As you are in Canada, I cannot help you with any of the questions regarding legal matters after the birth. You'll need to ask your attorney (which is why you're paying him big bucks, right?)

But I can shed some light on the DNA. First, how long it takes depends on the lab. I've always had DNA collected and sent to an independent lab on the day the baby is born, overnighted, with the results back in a couple days.

The reasons they collect DNA are many. For my first set of intended parents, their medical insurance company wouldn't accept the baby until it was done. Then there is the fact that technically, you could have conceived and carried your own child (if you broke the rules). Add to that the legal ramifications with the intended parents taking home YOUR child, when the contract clearly states that it is THEIR biological child, and you could have a legal nightmare....when it is eventually found out!

So DNA is pretty typical. Its quick, painless, not terribly expensive, and is just one of those procedural things you do in surrogacy.

Hope this helps!