by Nicole
(Michigan)
I know there are a lot of laws surrounding adoption and surrogacy. So I was wondering if the surrogate mother had a time period in which she could ask for the child be returned to her custody like in adoption.
Reply by Rayven
In Gestational Surrogacy in the United States, the gestational surrogate does not have the ability to “claim” the child at any time after the birth. She has no legal right to the child.
In Traditional Surrogacy, laws vary by state. Since with traditional surrogacy the baby is the biological child of the surrogate mother, these situations usually resemble an adoption, in which the traditional surrogate will be required to sign over her rights.
30 days? I’m not familiar with any adoption states that allow this. I’ve heard 3 days.
Bottom line: if you are going with gestational surrogacy, there is no need to worry about such circumstances, but you may need to find a great surrogacy state if interested in traditional surrogacy. Or, simply find an experienced traditional surrogate to ease your fears.
Best wishes