Surrogate decides to keep baby, judge agrees

Filed under: Your Pregnancy, Adoption, Divorce & Custody, In The News

It's been over twenty year since the Baby M case and yet we're still no closer to the solving problems that can come up with surrogacy than we were back then.

A Florida couple is continuing their battle for custody for Emma Grace, the child born to a woman they hired as a surrogate. The surrogate broke off contact after the couple discussed concerns about her smoking during the pregnancy and gave birth and kept the child as her own.

Because Emma Grace was conceived with the surrogate's egg, Florida law says the birth should be treated as an adoption and the birth mother can decide to keep the child, even if there is a signed contract. The man who hired and paid the surrogate is the biological father as the baby was conceived using his sperm, but the law treats him as a sperm donor with no parental rights.

The couple did not consult with an attorney when arranging for this baby. Their 2 1/2 year old son was also born from a surrogate and that arrangement went according to plan without legal counsel.

Every state decides its own rules on surrogacy. In Michigan, it's flat-out illegal. While it's a wonderful thing to provide a baby for a couple unable to have their own, it's easy to see what kind of Pandora's Box can be opened when all doesn't go according to the plan.

What are your thoughts on surrogacy? Do you think the federal government should provide one clear set of rules for the nation to follow, is everything fine as it, or is surrogacy a fancy word for "baby selling" and something that should be banned?

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AdviceMama Says:
Start by teaching him that it is safe to do so.