What if Our Surrogate Changes Her Mind During the Pregnancy?
Surrogacy is an excellent option for some parents who are unable to conceive a child on their own, and parents and surrogates often find it to be a moving and rewarding experience. However, pregnancy and childbirth, in general, are highly emotional situations, and surrogacy can be complicated to navigate emotionally. One of the biggest concerns that couples entering into a surrogacy arrangement are often worried about is whether the surrogate decides that she wants to keep the baby for herself. If a surrogate has second thoughts during the pregnancy, it can feel like an insurmountable challenge to overcome.
Surrogacy agreements are meant to be quite specific to address any future complications that could arise between the intended parents and a surrogate. Additionally, Illinois has well-defined but complex surrogacy laws, so if you have questions about these challenges before or during your surrogacy, speak with a qualified Illinois family law attorney who can explain the legal rights and responsibilities of everyone involved.
What is Included in a Surrogacy Agreement?
When intended parents in Illinois pursue surrogacy, they typically have a legally binding contract with the surrogate. These agreements include important details about what each party is expected to do or provide, such as:
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The surrogate’s responsibilities and obligations, for example, abstaining from anything that could be harmful to the baby and informing the intended parents if any cause for concern about the baby’s welfare arises
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Medical care the surrogate will need to receive, possibly including a schedule of tests and scans she is expected to show up for
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A detailed explanation of any compensation the intended parents are expected to pay the surrogate (if applicable)
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What happens if there are complications
Thorough surrogacy agreements also include information about how to handle unexpected situations – including the surrogate’s potential change of heart. This contract is legally binding, so it can be significantly helpful if disputes or doubts arise down the road.
What If the Surrogate Wants to Keep the Baby?
It can be legally complicated if, during pregnancy, a surrogate decides that she does not want to give the baby away when he or she is born. Surrogates are given a unique legal status in Illinois because they are the ones carrying the baby and are, therefore, naturally and automatically granted parental rights that are not automatically transferred to the intended parents until after the birth.
Instead, Illinois law requires intended parents to go through a legal process to establish their parentage. One step in the process is to obtain a pre-birth order from the court, which enables them to be legally recognized as the parents when the baby is born. If the surrogate changes her mind about the surrogacy, it is important to understand where you are in the process:
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Before you have a pre-birth order, there could be uncertainty about who has parental rights, and she might have a legal claim.
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After you have a pre-birth order, the baby is legally yours as soon as he or she is born, regardless of the surrogate’s change of heart.
Do We Have Any Legal Protection if Our Surrogate Changes Her Mind?
The point of having a thorough, well-drafted surrogacy agreement is to ensure that you have legal recourse if your surrogate wants to violate it. These contracts typically include clauses that prohibit her from changing her mind and require her to follow the agreed-upon procedures throughout pregnancy and relinquish parental rights after the birth.
If she still tries to keep your baby, you might need to go to court to petition it for a ruling on custody and parental rights. As in all matters that impact a child’s life, the court will prioritize the baby’s best interests, but a legally binding surrogacy agreement is certainly considered in such situations.
Contact an Arlington Heights, IL Surrogacy Lawyer
It is rare for a surrogate to change her mind during pregnancy, but that does not mean it is not a concern for the intended parents. If this happens to you, you do not need to deal with this on your own. A compassionate Arlington Heights, IL family law attorney can ensure that your rights are protected and represented in court. A. Traub & Associates has experience helping many families overcome challenging situations. Call us at 847-749-4182 to hear about how we can help you pursue the outcome you want.







