What If My Surrogate Wants to Keep the Baby?

couple talking to surrogate

The Basics of Surrogacy in Nevada

Surrogacy is legal in the state, and there are several requirements that both the intended parents and the surrogate must meet.

These requirements include:

  • The surrogate has already given birth to at least one child.
  • Both the intended parents and surrogate undergo medical and psychological screenings.
  • There must be a written agreement outlining all terms and conditions, and all parties involved sign this document.

Nevada law also allows for both traditional (genetic) and gestational (non-genetic) surrogacy arrangements.

In genetic surrogacy agreements, the surrogate mother is biologically related to the child she is carrying. This can be achieved through natural conception or artificial insemination.

Gestational surrogacy is where a woman carries a baby for a couple who cannot conceive on their own. In gestational surrogacy, the surrogate carries an already fertilized egg.

The Legality of a Surrogate Who Wants to Keep a Baby in Nevada

In Nevada, surrogate agreements are legally binding and enforceable. Generally, the carrier will not be allowed to keep the child.

However, there are exceptions to this rule. If a surrogate changes her mind and decides to keep the baby she carried, a legal battle may ensue.

The courts will consider factors such as:

  • The best interests of the child
  • Any evidence of fraud or coercion
  • The intentions of both parties at the time of the agreement

What Rights Does the Intended Parent Have in a Surrogacy Agreement?

Under Nevada law, intended parents have significant power in creating surrogacy agreements. They have the right to choose the surrogate, specify the details of the pregnancy and delivery, and outline the responsibilities of both parties after the birth.

Intended parents also have the right to be involved in medical decisions during the pregnancy, and they can be present during ultrasounds and other prenatal appointments.

Steps to Take If Your Surrogate Wants to Keep the Baby

To keep this problem from happening in the first place:

  • You should have a solid agreement in place before any fertility treatments begin.
  • All parties involved must have a clear understanding of their rights and obligations concerning the child.

Should a surrogate attempt to keep the baby, reach out to an attorney who is well-versed in surrogacy law. They can help you enforce the terms of the agreement, recover the baby if it has been taken, represent you in court proceedings, and more. This is not a fight you should attempt on your own. The situation can get complex quickly, and you will need someone on your side to help protect your rights.

Emotional Considerations When a Surrogate Wants to Keep a Baby

This can be an incredibly painful and heartbreaking situation for the intended parents. They have already invested so much time, effort, and money into the surrogacy process.

The legal and emotional implications of this situation can be overwhelming, and the intended parents should seek both legal and mental health professionals. Even if the situation resolves quickly, it can leave a lasting, traumatic impact.

Address your emotions during this challenging time. It's okay to feel scared, frustrated, and saddened by the situation, and you should seek support from loved ones and professionals to help process these feelings.

It may be hard to see the surrogate as anything other than an enemy, but try to have compassion for them, too. They have just carried a baby for nine months, and they may be experiencing enormous feelings of grief and loss.

The most important thing is to prioritize the well-being of the baby and work towards a solution that honors the original agreement while having empathy for everyone involved.

Ford & Friedman is here to help with legal matters surrounding surrogacy. From creating a solid, enforceable agreement to handling conflicts, we will stand by your side. To speak with our team, contact us online or call us at (702) 904-9898.