ABA Family Legal Guide

Family Law

Children

Paternity

What is surrogate parenthood?

A woman agrees, with or without payment, to bear a child for someone else. This usually occurs when a wife cannot conceive or carry a child to term. In most cases, through artificial insemination, the husband's sperm fertilizes an egg belonging to either the wife or the surrogate mother. This makes the husband the biological father of the child. The surrogate mother agrees to give up all parental rights at birth. Then the wife of the biological father legally adopts the child. Some states permit surrogate parenting arrangements; others prohibit them.