What Happens if the Surrogate or Intended Parent Changes Their Mind?

First things first-out of 15,000 surrogacy arrangements that were reported through 2002, only 88 resulted in any dispute between parties. (That's an overall dispute rate of only approximately one-half of one percent, or .005.) The surprising part of this statistic is that only 23 of the disputes involved a surrogate who wanted to change her mind, while 65 involved an intended parent who wanted to change his or her mind. These informal statistics draws attention to the fact that a complete surrogacy agreement must contemplate not only what happens if a surrogate changes her mind, must also contemplate what happens if an intended parent changes his or her mind.

The legal answer as to what a court will do if a surrogate or intended parent changes his or her mind varies from state to state depending on the individual statutes and case law (court decisions) of each state. Thus, there may be 50 different answers to that question, and such a discussion is beyond the scope of this blog. However, a complete analysis  of the specific laws of the state in which the surrogate resides,  with the assistance and advice of an attorney licensed to practice in that state and experienced in surrogacy, is important.

The contractual answer as to what will happen if either party changes his or her mind about the agreement is much more straightforward. The  terms of the surrogacy agreement as to what happens if either party breaches the agreement are well within the control of the respective parties and their separate attorneys. First, the parties must determine what actions constitute a breach of the agreement. Second, they must decide which available procedural forums (court, arbitration, mediation, etc.) will govern any such dispute. Finally, they must decide what each party's contractual remedies will be upon certain types of breach by the other.

All this legal "talk" is just a way of getting to your goal as an intended parent -to hold your sweet baby and complete your family. All this legal "talk" is just a way of getting  closer to your role as a surrogate mother -to help another individual or family realize their dream of having children.

                             

Shared Conception and it's legal team knows how to expertly tread the legal waters. Call on us-we are happy to work with you!

2 comments (Add your own)

1. Obama wrote:
Interesting

Tue, January 30, 2018 @ 12:08 PM

2. Clinton wrote:
Not bad at all

Wed, May 16, 2018 @ 1:09 PM

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