Does a surrogate mother have any rights?

Surrogacy-Quote-45by Christina Starling
(Los Angeles, CA)

I was just wondering for my English 21 research paper if a surrogate mother has any rights? 

Reply by Rayven


Your question is very vague so I will answer it the best way that I can.

Does a surrogate mother have any rights? Yes.

She has the total and complete right to make all decisions regarding her own body. She can authorize or refuse any test against the intended parent’s wishes. She can choose to abort a fetus or choose not to abort a fetus irregardless of what her intended parents wish. Her rights to her body are hers alone.

Having said that, she may be in violation of a civil contract, if her contract states otherwise, but at the end of the day, a surrogate mother makes these decisions.

She also has the right not to allow her intended parents to attend appointments or even the birth itself.

I feel, however, that you are asking if the surrogate mother has any rights to the baby she gives birth to. The answer to that is, it depends.

In some countries where surrogacy is legal, a traditional and a gestational mother both have legal rights to the child born.

In America, a gestational surrogate mother does not have the legal right to keep the child for any reason.

Depending on the state, some traditional surrogate mothers may have to sign their rights away, and could successfully petition for custody of the child after birth.

Best wishes!

Posted in Ask a Surrogate.