Surrogate Adoptions

Surrogate adoptions become an issue in adoption when a couple or individual hires a fertile woman to carry a child that has been created through donor insemination. This woman agrees ahead of time to give up the child at birth to the infant’s biological father and the father’s wife. The terms of the contract vary from adoption to adoption, but they are all created and signed before the woman becomes pregnant.

In this situation, the woman that carries the child is called the “surrogate mother.” Technically, however, the woman that is going to be the one to raise the child is the surrogate or adoptive since she didn’t actually give birth.

Surrogacy is frequently the chosen option for couples that do not want to adopt a child because they prefer to have a “genetic link” to their baby or because they feel that adoption can take too long or be too risky if nothing is known about the baby’s parents or their health. While the “genetic link” argument is more common, it is frequently an unreasonable claim because many couples still don’t have a genetic link, particularly when a donated egg and donated sperm are used.

Another reason a couple may choose surrogacy could be that they want more control over the entire process than any adoption agency would allow. Surrogacy contracts are known to include terms that restrict the surrogate’s behavior. These restrictions may include no smoking and no alcohol. There are a variety of other things that can be put into contracts though.

Regardless of any genetic link, adoption still comes into play when surrogacy is involved. The father, if he contributed genetic material, has a legitimate claim to the baby but his wife doesn’t. She typically will have to go through a stepchild adoption or something similar in order to be recognized as the baby’s mother and have legal rights.

Contact a San Jose Family Lawyer

For more information on surrogacy and surrogate adoptions, contact the San Jose family lawyers of the Law Offices of Daniel Jensen at 408-296-4100.