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Surrogate Parenthood

In a surrogate parenting arrangement, a woman agrees, with or without payment, to bear a child for another couple. This usually occurs when the wife cannot conceive or carry a child to term. In most surrogate parenting arrangements, the husband’s sperm, through artificial insemination, 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. Most states outlaw this arrangement when the surrogate mother receives payment. Other states have laws that restrict surrogate parentingarrangements or that might give the surrogate mother the right to keep the child after birth. Persons seeking to have a child through surrogate parenthood should seek legal advice before entering into such an agreement.



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association