What Are The Rights Of The Surrogate Mothers


The first surrogacy was first carried out in the year 1980. It was a very complicated process then but with passing year, the process is becoming simpler and simpler. However, the legal procedures are still a little complicated to date. All the documents and legislation are passed long before the surrogate mother takes the pregnancy, according to Egg Donor and Surrogacy.

However, there is always the possibility that surprises may occur during pregnancy and after the birth of the baby.

What are the rights of the surrogate mothers?   

In the case of surrogacy, the parents usually have more rights than the surrogate. However, this does not mean that the surrogate does not have any rights whatsoever. There are serious medical procedures that may involve intake of many different drugs. It is for this reason that the surrogate mothers have legal rights. Some of the rights of the surrogate mothers include the following;

  • The surrogate mothers have the right to know about all the medical procedures she will go though. In addition, she also has the right to be informed of all the drugs she will take and their side effects if any.
  • The surrogate mother also has a legal right to demand for a medical insurance cover.
  • She has the right to have a medical examination without incurring any cost.
  • She has the right to seek medical attention and support for free in case she begins to develop any side effects.
  • She has the right to receive the compensation agreed on between her and the parents of the baby. The compensation should be paid to her after successful delivery of the baby.
  • She also has the right to seek for support psychologically during the period of pregnancy for free. The surrogate also has the right to know about the possible health risks incurred when the parents are HIV/AIDS positive. It is also her right to regularly visit the doctor for free during the pregnancy.

Parental rights of the surrogate mothers

Besides the rights listed above, there are no rights that go deeper into the surrogate’s motherhood. However, in many states where surrogacy is legal and recognized by the authorities, the surrogate has no parental rights. It is impossible for the surrogate to claim parental rights over the baby even though her egg was used for the In Vitro Insemination.

According to the law, the surrogate ceases to interact with the baby when it is born. In most cases, all the terms are listed in the agreement made before the surrogate agrees to carry the pregnancy. This is to prevent the bonding between the surrogate and the baby.

This is because it may make the transfer process of the baby from the surrogate to the parents more difficult.

In few cases, the surrogate is required by the parents to have the baby for a little longer and breastfeed the baby. However, the terms of agreement between the parents and the surrogate depends on their relationship. Some parents may even allow the surrogate to visit the baby, and even maintain a close relationship.

However, all these are exceptions because the law clearly stipulates that the surrogate ceases to interact with the baby after birth.

December 2020