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What Are the Rights of Surrogates? (Anas Khan)

Even experienced surrogates are occasionally unfamiliar with their rights before, during and after a pregnancy. One of the reasons behind this uncertainty is the blurry legal area in which surrogacy exists. The rights of surrogates vary from state to state in the United States, and are vastly different in each country around the world. Everything from what compensation may be legally given to a surrogate mother's role in the adoption process can change if you drive just a few miles across the border. Because of this, many women enter into surrogacy without really understanding their role.

One of the first issues that should be resolved before entering into a surrogacy agreement is how you will be compensated. In many states, there is no legal protection for either surrogates, nor the couples who will be raising the children that result from the pregnancy. Even if you have drafted and signed a contract, it may not be enforceable in court. If you will be working independently as a surrogate, make sure that you consult with a lawyer about the enforceability of any contracts that are signed. Include a statement not only about your personal compensation, but also a clause that ensures that the parents will cover all your medical expenses relating to the pregnancy.


Though lawsuits related to the post-delivery adoption are not common, they do occur. Some surrogates, after carrying a child to term, have difficulty giving the child up to the parents with whom the agreement was made. Again, the rights of the surrogate in these cases depends to a large extent on the state in which the case will be heard. If the child is biologically related to the surrogate, she will oftentimes win the case. However, if the child is not a biological relative, the chances of success are much lower. The best way to protect yourself from this situation is to ensure that you understand the emotional toll that giving a child up for adoption can bring and being prepared for it in advance.

Probably the best way to protect your rights as a surrogate is to work with an agency who manages surrogates regularly. They will take care of all the legal issues that can surround this relationship, and they will ensure that your expenses are covered in a timely manner. The best agencies have a vested interest in the happiness of their surrogates and are always willing to step in if complications arise.

Javitri Hospital and Test Tube Baby Centre is best place for Surrogacy in India. Surrogacy is the process where woman bears and gives birth either for individuals or couples. Hence, it signals endless celebrations for intended parents who run a proud family.

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