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Very common problem encountered by couples who engage the services of surrogate mothers is the issue of releasing the child after birth or the surrogate laying claims over the baby when or before it is even born. Can a surrogate lay claims to a child according to the law?
Surrogacy laws are different from one State to another, some states do not even have clear laws on surrogacy. A major concern for intending parents using surrogacy is the issue of the surrogate wanting to abort the feotus or take away the baby after birth, all these can cast fear in the minds of intending parents. Know what the constitution of your state says on surrogacy before embarking on such journey, and to prevent stories that touch, ensure you have a clear and rigid contract drafted out with the surrogacy agency and the surrogate mother herself.
In many states, the law does not rule over the surrogate mother laying claim over the baby. The birth mother is seen as the biological mother of a child and she can lay claim to the child whenever she wants. You may ask, what’s the whole point if the mother can later come and lay claim over the child before or after the child is born, it’s really dicey especially in a country whose laws favor the surrogate mother.