In this video, Sina Mohajer discusses what it means to be a surrogate mother. And second, does that individual have any custodial rights with that child?
Are you curious about surrogacy in California and surrogacy laws? In this video, Sina Mohajer, a family law attorney, discusses a vital question: “Do Surrogate Mothers Have Parental Rights?”
Surrogacy is a fascinating yet complex arrangement. It begins with a contractual relationship where potential parents hire a surrogate mother to carry the child to term. There are specific do’s and don’ts agreed upon in the surrogacy contract before engaging in surrogacy. How does one become a surrogate mother? How does this contract define the relationship between the surrogate and the intended parents?
After the delivery of the child, does the surrogate mother have any legal claim or custodial rights over the child? The answer is a resounding no. Sina explains why the child doesn’t belong to the surrogate mother and what happens once the child is delivered.
The terms of the relationship are crucial. If the intended parents and the surrogate agree on maintaining a connection or relationship post-delivery, the surrogate contract must explicitly state it. Each surrogacy case can have unique terms, but the rights and obligations of all parties are typically defined before the process begins.
This video is for informational purposes only and is not legal advice. Always consult with a qualified attorney for advice regarding your specific situation.
If you have any questions or want to speak with a skilled attorney about family law, contact Mohajer Law Firm at (626)569-5200.
Transcript:
I’m sure you see my other videos where I discuss custody and visitation between two parents. But what happens if we have a surrogate mother, a third party? What does that mean? First of all, what does it mean to be a surrogate mother? And second, does that individual have any custodial rights at all with that child?
Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019.
What Is a Surrogate Mother?
So what does it mean to be a surrogate mother? What does it mean to have surrogacy? Well, it’s a relationship that starts off contract, where potential parents hire a contract with an individual, a woman, who would be able to carry the term of that child up until the time of labor. Now, because it’s based on a contract, there’s a lot of do’s and don’ts that you two agree to prior to becoming a surrogate mother.
Custodial Rights of a Surrogate Mother?
But the question is then, upon delivery of this child, does this individual have any custodial rights to that child? The easy answer is no, they don’t. Why? Because this child doesn’t belong to the surrogate mother. Their body, or their womb, is basically being used as a lease temporarily to help nurture this child and grow upon delivery. The moment that child is delivered, the contract is done and there’s no longer a relationship.
Surrogate Contract
But remember how I said in the beginning, before the person becomes the surrogate mother, everyone agrees to all the terms. And that’s why it’s very important to always revert back to that. If the three of you or the two of you decide that you would like the surrogate mother to have some type of relationship or connection with this child upon delivery, then you can agree to that, but you’re not required to.
Contact Us About Your Surrogate Mother Custody Case
If you have questions about your child custody case or you have some complex nature that you are trying to figure out what to do, feel free to give our office a call. I’ll be happy to schedule an initial consultation and sit down with you one on one.