There are many issues that can affect the conception, gestation, and birth of a child. Some women are naturally unable to become mothers due to their physical characteristics. In this case, you can use the services of a surrogate mother, choosing from the list of candidates at a Surrogacy Agency.
Concepts and Features of the Term
Surrogacy refers to a reproductive technology in which the gestation and birth of a child is performed not by the biological mother (the one who donated her cells for conception), but by a woman specifically hired for this purpose.
There are two types of surrogacy:
- The embryo is created by fusing the corresponding cells of the parents, which is then implanted into the surrogate mother. This process is called complete, meaning the future child receives the genes of the biological parents.
- Partial, when the father’s biological material and the surrogate mother’s cells are used for fertilization. However, this method has limitations; the fertilization typically involves the cells of a woman other than the one who will carry the fetus. By law, the surrogate mother and the biological parents of the future child enter into a contractual relationship, signing an agreement outlining all the rights and obligations of the parties.
Can the surrogate mother keep the child?
The agreement concluded between the two parties must outline all the details of the agreement. However, the Family Code, which takes precedence in interpreting all cases, is an important factor. It recognizes the primacy of the woman who carried and gave birth to the child.
This means that, despite all the agreements concluded and confirmed, and the fees paid for her services, the surrogate mother has every right to keep the child and refuse to give it to the biological parents. It is important to note, however, that the court does not usually rule in favor of the biological parents.
Maternity is established based on documents issued by the organization that assisted the birth. Only the woman who gave birth receives this document, so challenging maternity and taking the child back is unlikely to be possible. The solution will require a careful selection of a candidate to carry and give birth to the child, an analysis of the psychological state of the woman who has assumed the role of surrogate mother, and an understanding of all the details of the agreement. The full fee must be included in the contract, and all details of the agreement must be legally formalized.
