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Understanding the agreement is key to know how surrogacy works

  • Writer: Mr Gaurav
    Mr Gaurav
  • May 14, 2019
  • 2 min read

The contract is the most important part of the process of surrogacy. It is the thing that guides the whole surrogacy process. Surrogacy agreements clearly state the roles, rights, and responsibilities of each party both before and after delivering the baby. Two high profile cases have actually broken down the fundamentals of the process and ventilated on the facts of how surrogacy works. In both the cases, the surrogate mothers complained that though they had signed a contract, yet they had to raise concern about the children and their security, safety and well being due to major dispute and lack of compatibility.


In both cases, the problem was an exploitative and fragile contract. They felt that their concerns went unheard. There could have been serious problems and the children could have been put in danger. Melissa cook gave birth to a triplet. During IVF multiple embryos were implanted in her body which is quite natural but three of them embryos were successful. The intended parent Mr. Moore did not want them all he wanted to terminate one of them but it never happened and they are still in his custody despite the fact that his family told that he is not at all able to bring them up.

In another case, the intended parents Paula and Mont over made a contract with Toni Bare to become their baby’s surrogate mother. There had been some racial issues initially. After Toni’s delivery of twin babies, one of the babies died. The intended parents could not get the news for a few weeks due to the problem of breaking down of relationship. Later, Toni created some problems as she did want to part with the babies. However, the authority took the matter in hand and solved it and Toni had to give the custody of the baby to the intended parents.


In USA the surrogate contracts are not banned. The laws may vary from state to state. The states like Iowa and California are not willing to make any change in the prevailing laws. There is not much space for surrogates, though calls are made from several parts of the country to ensure that all the rights of the parties are protected.

For more information you can visit here: Surrogacy in Kenya

 
 
 

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