What are the legal laws if the surrogate decided to keep the baby?

by Carissa
(NY)

I am doing a paper on ethical situations regarding surrogacy law and i was wondering if you could help me. i have been searching for the siscussions and information regarding the surrogate mother keeping the baby and not follwing through with there tems and contract? u can email me if u like thanks

Reply by Rayven
Each state and country is different when it comes to laws, or the lack of laws, regarding surrogacy, so it would be difficult for me to give you a blanket statement here.

With traditional surrogacy, the laws regarding the surrogate's right to keep the child fall under the regular adoption laws of the state. Most states offer a few days to a few weeks for the birth mother to change her mind.

In states that recognize gestational surrogacy, that provision does not exist, and the surrogate mother does not have the option to change her mind. That doesn't mean she wouldn't have the ability to attempt to keep the child, with a long legal battle to ensue, but in the end, the child would belong to his biological parents.

In states where surrogacy is not recognized or is illegal, anything goes.