A single mother surrogacy where a surrogate carries a baby for an intended mother. Here’s what to know about surrogacy as a single mother.
Through surrogacy, more and more women are becoming single mothers by choice. Single intended mothers are female-identifying individuals who cannot conceive on their own, for any number of reasons and choose surrogacy for family building. When it comes to surrogacy as a single mother, the process is comparable to that of couple surrogacy, with a few exceptions. Deciding to have a child via surrogacy is a very exciting, but often daunting and complicated decision for those wishing to experience motherhood. However, single intended mothers with a comprehensive understanding of the single parent surrogacy process and laws will thrive.
Understanding the Single Intended Mother Surrogacy process
In any surrogacy, in vitro fertilization (IVF) is used to create an embryo that is then carried to term by a surrogate mother. However, a single intended mother has the choice of whether she desires traditional surrogacy or gestational surrogacy.
In traditional surrogacy, the surrogate mother’s eggs are used to create the embryo.
Alternatively, most single intended mothers pursue the gestational surrogacy option, in which the surrogate is not related to the baby. Instead, an egg and sperm from donors or a combination of the intended mother’s egg and a donor’s sperm are used to create the embryo.
The need for a donor in every case of gestational surrogacy is the central difference between single mother surrogacy and surrogacy for couples. As such, finding the right donor is fundamental to the surrogacy process for single mothers. Most surrogacy agencies will help intended mothers find a donor and surrogate concurrently by referring them to fertility clinics or specialty programs. Single intended mothers may also choose a known donor if they feel that a friend or other personal connection is the best match for them. Once a donor is selected, the surrogacy process continues as it would with any couple or other intended parent.
Related: Gestational vs Traditional Surrogacy in California
Single Mother Surrogacy Legal Considerations
One differentiating factor between single mothers versus other intended parent surrogacy laws is that international surrogacy legislation may prevent single mothers from choosing surrogates in certain countries – which can often be a cheaper option than US surrogacy. However, in the United States, surrogacy laws are generally the same for all intended parents (regardless of relationship status). When it comes to surrogacy as a single mother, there are three main legal processes to be aware of: the surrogacy contract, the pre-birth order, and other post-birth legal procedures.
With that said, legal considerations for single mother surrogacy vary from state to state, and all three of these legal processes may not be necessary everywhere, so it is best to hire a lawyer to assist throughout the surrogacy process. This can help ensure that the process is done in accordance with the mother’s state laws. Contact Her Lawyer to get in touch with an experienced surrogacy attorney suited to your unique situation.
Related: Surrogacy Laws By State
The Surrogacy Contract
Before the embryo transfer, it is essential that every intended mother and surrogate work with an attorney to formulate a surrogacy contract. Every surrogacy contract outlines two primary legal subjects:
- Finances
- Social Requirements
There are many variables that can impact the course of a pregnancy and a surrogacy arrangement, so it is vital to work with a qualified attorney to draft a comprehensive contract.
Related: How to Form a Surrogacy Contract in California
The Pre-birth order
The next step in the surrogacy legal process is to establish the intended mother as the baby’s legal parent. This process is different depending on state surrogacy laws. In many surrogacy-friendly states, this is carried out in the form of a pre-birth order. The pre-birth order accelerates the typical post-birth legal process, which authorizes the baby to be discharged from the hospital immediately to the intended mother.
Related: Do I Need a Pre-Birth Order in California?
Other post-birth legal procedures
Under some circumstances, additional legal steps may be required after the baby is delivered via surrogate. If the single intended mother chose a surrogacy option in which she is not genetically related to the baby, it is likely that an adoption process will be necessary.
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If you or a loved one would like to know more about dealing with surrogacy as a single mother, get your free consultation with one of our family law attorneys today!