Can a Surrogate Mother Keep the Baby?

One of the biggest fears intended parents have when they have chosen to expand their family through surrogacy is that the surrogate mother will choose to keep the baby once she delivers the child. Apart from having spent thousands of dollars on medical treatments and care to have their baby, the emotional turmoil these families feel can be devastating.

Unfortunately for intended parents, there are many instances of surrogate mothers choosing to keep the baby. However, there are many ways that you can protect yourself from this traumatic experience, and we discuss how this can be done below.

State Surrogacy Laws

In the United States, surrogacy laws vary by state and in some cases do not exist at all. In states where there are laws in place regarding surrogacy arrangements, whether the surrogate mother will have the opportunity to keep the baby after giving birth will largely depend on which type of surrogacy arrangement is in place and how long after birth the surrogate mother is saying she will keep the baby.

For example, in Oklahoma, there is no law that dictates surrogacy arrangements, specifically. This means that even though the state does routinely grant post-birth orders, the fact that pre-birth orders are not commonly established increases the possibility of the surrogate mother choosing to raise the baby.

How to Protect Yourself Moving Forward

The best way to ensure that you do not wind up in a situation where your surrogate wants to keep your baby is to work with a surrogacy agency that can obtain a pre-birth order for you.

This is essentially a contract between you and your surrogate and will contain all relevant and necessary information, including that you, as the intended parent(s), should be listed as the rightful parents on the baby’s birth certificate.

If you have additional questions about what details will be included in your surrogacy contract and pre-birth order, you can speak with your surrogacy agency and discuss how the laws in your state will influence both your surrogacy arrangement and the ability of the surrogate mother to keep your the baby.

Consult with a Reputable Surrogacy Agency

When you are ready to embark on your surrogacy journey, or if you want to be sure that you will not wind up in a situation where your surrogate attempts to keep the baby, reach out to a qualified surrogacy agency at Baby Steps Surrogacy Center, Inc.

You can schedule your primary consultation today by giving our office a call at 412-884-2229 or by filling out our brief contact form when you click on the button at the top of this page.