Question

What should both parties be aware of when following through with a surrogate. This should include situations and any complications that may occur down the line. Also what do you think should and should not be allowed. For example- If a child is born with serious complications because the surrogate was involved in a serious car accident, should the surrogate be held responsible and is required to pay for the related health care costs- Why or Why not?

Answer 1

The both parties should be aware of the following

• The surrogate mother has no legal relationship after the childbirth
• The birth certificate will have the name of the surrogate mother with the father's name
• In case the adopting parents(mother) wants to have her name it has to be done through adoption center (Stepparent adoption )
• Before a surrogate mother is assigned ,the surrogacy agencies matches certain criteria of the surrogate and the parents
• Decision has to be made on the type of conception biological or in vitro fertilization (gestational traditional surrogacy)
• The financial expenditure will be completely taken up by the intended parents ,in case of any complications, mishappening because of pregnancy, multiple pregnancies, etc.,
• The surrogate women has certain responsibilities of withdrawing any alcohol ,tobacco or other forms of habits (doing so is illegal )
• A surrogate contract has to be done (to prevent the surrogate mother to establish any relationship with the child in future,etc.,)

Here the intended parents are responsible for the care of the child because the surrogate women poses no rights to the child thereafter. Though it is a great ethical challenge as per the law the intended parents will be held responsible.