Ask-A-Lawyer

Q. A married couple that has not been able to have children would like to hire a woman to serve as a surrogate mother. The surrogate mother would be impregnated with the husband’s sperm through artificial insemination, and the married couple would take custody of the child after birth. Is this arrangement legal? Could the surrogate mother change her mind and keep the baby?

A. In most states, the surrogate mother could not be forced to give up the baby. The biological father, however, would still have an equal right to custody of the child. Courts would not terminate the rights of either father or surrogate mother without a showing of unfitness. Custody would be decided according to the best interests of the child.

Barbara Atwood, Professor
Mary Anne Richey Professor of Law at the University of Arizona, Tucson, AZ