if a couple wants a girl baby and the surrogate gives birth to a boy baby..i was wondering if the contract would be null? what happens to the surrogate mother? will she be left with the child alone?
Reply by Rayven There is no *wrong gender*. With pregnancy, you get what you get. Period. If the parents wanted a healthy baby boy, and they got a special-needs baby girl, they still go home with her. Just like with a regular pregnancy, in most situations, it is totally chance what gender a baby is.
There is technology out there right now with IVF where gender can be attempted. Parents looking for a specific gender are able to pay a specialist to try to determine gender and only select embryos of a particular gender to transfer, but its not perfect. Even in this situation, parents could end up with the *wrong* gender.
In none of these situations is it the surrogate mother's fault or responsibility, or even ability to select a gender! And in no situation is she EVER required to take the baby home for any reason, unless she was acting as a gestational surrogate mother and it was found that she had sexual intercourse when she was contractually forbidden to do so, and ended up pregnant with her own child.
I will say this, however, make sure YOUR LAWYER looks over your contract. Before my first journey, I was in contract negotiations with another couple. There was a loophole in our contract that basically said they could reject a child for any reason. My lawyer found that, and since the intended parents refused to change the wording on that article, removing the loophole, I walked away from that journey.
While this was an extremely uncommon occurrence, it highlights the importance of having your own attorney in surrogacy.
It is NEVER, under ANY circumstances OK for the intended parents to NOT take home their child.
Hope this helps!
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what happens if the baby is the wrong gender?
