Surrogate pregnancies involve the mother carrying the child with the intention to relinquish it at birth. Whether the surrogate mother is carrying the child for family or strangers, the child legally becomes someone else's after delivery. Because of the confusion between who the parents actually are, surrogacy laws help decide the baby's guardians when there is a disagreement.
History
Until 2002, there were few laws regarding surrogacy. However, with increased demand for surrogate services, states are passing and enforcing more laws relating to surrogacy.
Function
Surrogacy provides couples who cannot have a baby themselves the ability to have offspring that is at least partially genetically theirs. Most surrogate relationships begin through an agency who matches surrogates to prospective parents. Surrogacy laws provide legal guidelines pertaining to surrogacy and the rights to the child.
Types
There are a few different types of laws regarding surrogacy. For instance, in some states, surrogacy law prohibits surrogacy for unmarried couples. Other states simply prohibit surrogacy of any kind. Surrogacy with compensation is illegal in some states.
Considerations
Because surrogacy laws vary from state to state, and because of their loose wording, getting a lawyer is absolutely necessary. In all cases of surrogacy, the prospective parents pay all medical costs during pregnancy for the surrogate, and in many cases living expenses, also. Surrogacy is not a cheap option, since medical costs during pregnancy are high. Add legal costs to these, and it becomes a very large number.
Misconceptions
Most surrogate mothers have no problems giving up the child at the end of the pregnancy. They consider themselves carriers of the young life, but not the mother. There are cases of the surrogate changing her mind, but it is not common.
