Contract surrogacy is officially little more than ten years old,
although surrogate mothering is a practice that has been known since
biblical times. In 1986 alone 500 babies had been born to mothers who
gave them up to sperm donor fathers for a fee, and the practice is
For this reason there are many questions and doubts that arise from
this subject. Often there are many legal difficulties that come about
with surrogate parenting. In some states the contracts that insure the
infertile couple the baby of the surrogate mother mean nothing. This,
in turn, can cause huge problems if the surrogate mother were to change
her mind about giving up her child. Who has the rights to the child in
this awful situation? Surrogate parenting is a wonderful alternative
for infertile couples as long as all party's involved are educated on
the subject and are fully aware of the pros and cons of this risky
Unfortunately laws on surrogate parenting aren't very helpful.
Increasing numbers of surrogate custody cases are finding their way
into the courtrooms. The most dramatic problem arises when the
surrogate mother decides she wants to keep the baby.Whether she decides
early or late in the pregnancy, at birth, or after the child is born,
the ultimate issue is whether she or the infertile couple have parental
How is the law to respond to this kind of problem? Normally people
would agree that a contract is a contract and therefore the infertile
couple should be the ones to receive the baby. Unfortunately for some
of us more sympathetic people this decision is not that simple. By
changing her mind the surrogate mother is showing maternal feelings
that are surely not reprehensible. Although she has promised to give
up the baby her change of heart seems more understandable than
dishonorable. After all how can a woman truly be expected to know how
it will feel to give bir...