Couples place an immense amount of trust in a surrogate to carry their future child, whom they already love so much. However, there have been rare cases where a surrogate sues for the right to a child. When a pregnancy involves an egg or sperm donor, intended parents often worry that lack of genetic connection gives the carrier a rare chance to claim custody.
Surrogacy in New York
The Child-Parent Security Act (CPSA) provides some of the strongest parental protections in the country. However, there are some key distinctions one should know, including:
- Gestational surrogacy: If the surrogate is only carrying the child, with no genetic link, she is not considered a legal parent and cannot sue for custody. Compensated surrogacy contracts are only valid if they are gestational.
- Pre-birth orders: This order mandates that intended parents are the sole legal parents the moment a child is born. Intended parents do not have to wait until birth to secure parental rights.
- Best interest of the child: In highly unusual and rare custody disputes, the court determines custody based on what’s in the best interest of the child
To achieve absolute legal protection, flawless execution of the contract is required. Even a minor mistake could compromise your parental rights and risk the future of your family on the line.
Protecting parental rights moving forward
After investing everything you have to bring a child into this world, facing parentage disputes can be a legally and emotionally tiring ordeal. As the court’s final judgment can determine your custody rights and financial obligations, seeking the guidance of an experienced family law attorney could help you understand the nuances of surrogacy and your legal rights moving forward.