Virgin Islands Surrogate Parenting Agreement
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FAQ
A fairly common question that people have is whether the baby will share the DNA of the surrogate mother. The short answer is no. All babies, no matter the nature of their conception, have the genetic material provided by the parents. Therefore, the surrogate mother contributes little or none of the genetic material.
With surrogacy, all the parties involved have certain rights. However, from a legal perspective, when the mother signs the surrogacy agreement, she's essentially signing away her right to keep the child. So if she changes her mind and decides post-birth that she wants to keep the baby, legally she's in the wrong.
No. While a surrogate has rights, the right to keep the child is not one of them. Once legal parenthood is established, the surrogate has no legal rights to the child and she cannot claim to be the legal mother.
A traditional surrogate is the biological mother of her child, meaning she has parental rights and the power to change her mind and keep the baby. The intended parents would then need to go to court to gain custody of the child.
The surrogate who has given birth is automatically regarded as the child's legal parent, even if they are not genetically related.
Does a surrogate mother share her DNA with the baby? This is a fairly common question and the answer is no. In a compensated surrogacy arrangement with a gestational carrier, the baby's DNA comes from the intended mother's egg, or from an egg donor, and from the intended father's sperm, or from a sperm donor.
The surrogate then carries the baby until birth. They don't have any genetic ties to the child because it wasn't their egg that was used. A gestational surrogate is called the "birth mother." The biological mother, though, is still the woman whose egg was fertilized.
Can my surrogate decide to keep the baby? While your surrogate has many rights outlined in your contract, a gestational carrier cannot choose to keep the child because she won't have parental rights to the baby and won't be biologically related.
A traditional surrogate is the biological mother of the child, however, as a traditional surrogate, you would sign over your parental rights to the child's intended parents. Without a contract, you would be the baby's legal mother and the intended father who gave the sperm would be the legal father.
A gestational surrogate is not biologically related to the child they will carry. The embryo is created via in vitro fertilization (IVF) with the egg and sperm of the intended parents or chosen donors, and is then transferred to the surrogate.