Surrogacy Court

Question: how to get the parental order from the court for our twins born through surrogacy as there is no law about it? my husband is an Indian national with indefinite stay in UK and is biological father to our twins. I am British national and not biologically related to the twins. Need parental court order for myself so I can be treated as a mother legaly. There is no surrogacy law in India and it can not be normal adoption. Any suggestion please do. thanks

Answer: I am asking myself the same question as the first post. If this was a true surrogacy, you should hopefully have had a contract drawn up beforehand stating that you were to be the legal mother and that the surrogate mom would relinquish all rights at birth. However, if there is no contract then this may be a very complicated situation and you will need the assistance of a good family law lawyer. If this is a situation where your husband impregnated this woman by having sex with her, there is probably not much that can be done, unfortunately, unless again you had some sort of a contract before conception. I am asking myself, why have your child concieved outside of your home country? Surrogacy issues are complicated enough without throwing international adoption into the mix. In any case, I am not at all familiar with Indian law (I´m assuming that this woman is in India at the moment since you mentioned surrogacy law in India?). Consulting an Indian attorney with experience in this matter would perhaps be your best option. Best of luck

Question: Is this the righe order of legal order of surrogacy when an advance directive is unclear or unavailable? ? 1. court appointed guardian with health care authority, 2. health care DPOA 3. the spouse 4. adult children 5. the parents 6. the adult siblings.

Answer: Yes but in most cases the Spouse would come before the DPOA.~

Question: gestational surrogacy? Would you be willing to became pregnant (gestational surrogacy contract) with a child and give up parental rights in exchange for money. I mean a contract that is made before you get pregnant. Johnson v. Calvert The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable. Source http://www.surrogacy.com/legals/article/calaw.html

Answer: That's what surrogacy is. It's a contract between a couple and another woman. The other woman carries the couple's child and is paid and also all medical is paid during the pregnancy. Once the child is born, the surrogate is done and has no ties to the baby, as it was never hers to begin with. I would love to help a couple who couldn't have children, but I don't know if I could give up a baby that I carried for 9 months even though I knew from the beginning it wasn't mine.

Question: Can a mother take her name voluntarily off a birth certificate? Does this have to have a court order? I am trying to learn the legal issues concerning traditional surrogacy. I mean..we can take a father off or on..what about the mother.

Answer: No never, the mother is given higher priority then the father, after all you know the baby came out of you so there is no dispute they are yours. That is why most adoptive children find the Mama and not the Daddy.

Question: Can I do a surrogacy without treating it like one? I am going to have a baby for my sister who cannot have children. I am only 18 but according to state law, am old enough to have an AI performed. I would say that I got pregnant by accident or just decided I don't want kids and hand over full custody to my sister (via adoption). I am going to do it like this so my insurance will not come after her for all medical expenses during the pregnancy. Will the lawyers or whoever are involved know that I had an AI done and assume it was a set up surrogacy? If I keep the child in my custody (while she actually cares for it) will it make it easier for lawyers to believe? Also, in a kinship adoption, will my sister still have to go through all the preliminaries? Such as home study, court and many other things like social workers all in her life.

Answer: Insurance fraud will land you and your accomplices in jail and slap all of you with huge fines, and make it difficult to impossible to get insurance in the future. Remember, you'll have to keep the secret from ALL of your doctors. Bad news - they're required to report fraud. Also, doctors need "the whole picture" to treat you properly. If you lie or withhold information, they may mis-diagnose you and cause more problems. You have to keep it secret from everyone else. You could piss someone off, you could let it slip to the wrong person...ANYTHING could happen and you'd be caught in a felony. With a baby. Bad news. Really, it's just not worth it. Generally, kinship adoption requires all the same hoop jumping as regular adoption.

Question: Do you agree with the current South Australian surrogacy laws? What are the current surrogacy laws in South Australia? The current laws in South Australia outlines; The Act prescribes who the licensed clinics can provide treatment to and under what circumstances. It allows treatment in two circumstances:  infertility – in a male or a female (or both in some couples)  Genetic abnormalities – where there is a risk that a genetic defect would be transmitted to a child conceived naturally, assisted reproductive technology can assist by screening out embryos that carry the gene in question. Although this may seem pretty straight forward, the maze gets harder. Only married or long time de facto couples may have access to this treatment if they’ve had at least 12 months of unprotected sex with no resulting pregnancy. This was challenged in 1996 in a South Australian Supreme Court, Gail Pearce a single woman who claimed that the Act was inconsistence with the Sex Discrimination Act. This challenge was successful and the court decided that sex should not be the case and this lead to the law being changed. in most Australian jurisdictions, the surrogate [birth] mother and her partner are regarded as the legal birth parents of then child . Do you believe these laws are harsh and should be changed?

Answer: I think it depends on the situation. Look at Octo mom...she certainly shouldn't have recieved treatment. If the single woman proves to be financially stable,(and in good mental health lol) then of course, she should recieve treatment! I do not think that a donor(however it is put) should be classified as a father. It takes a special man to be a father/daddy...any thing other is just a donor to me.

Question: India is now the only country in the world to legalise commercial surrogacy? Unlike in other countries, including the UK, USA and France, in India the surrogacy agreements between the two parties will be legally enforceable. From as far away as America, Canada, the UK and Singapore they come…and there are many of our own too, and they all want to fulfill their dream of having their own baby. It costs them less (approximately five times less) and there are fewer legal hassles, if any at all. Other countries of the world: In a country like the UK, no contract or agreement is legally binding. All expenses must be justified to the courts, which can intervene and ask for proof if the expenses incurred by the genetic parents are too high. In the USA, compensated surrogacy arrangements are illegal in many states. Also, four states in the US have held that such contracts, while not illegal, are unenforceable. In all states in Australia, the surrogate mother is deemed by the law to be the legal mother of the child as well, and any surrogacy agreement giving custody to others is void. In countries like Canada and New Zealand, commercial surrogacy is illegal, but ‘altruistic’ surrogacy is allowed ie. without any payment. In France, any kind of surrogacy, commercial or otherwise, is illegal.

Answer: Yes, but what is your question?

Question: Pay woman to get full custody of children.?

Answer: Does that not answer your own question. I'd have serious concerns though, how traumatic would it be for you if something went wrong?? Can you not adopt?

Question: Would you be willing to be a surrogate mother? Would you wiling to become a surrogate mother for a signal man, who is not related? Would you still be wining to use your own medical insurance if rates do not go up, and you are reimbursed for the other expenses? Would you still do it if the state you live in does not allow financial compensation (State Law)? Would you be willing to use your own eggs or do you want an eggs donor. After that he will have full custody and your paternal rights are terminated. The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable. The Johnson court reasoned that there were two distinct ways to prove maternity using the existing California Family Law Code; first by proof of giving birth to the child, and second, by proving genetic consanguinity (blood tests). When two women can so prove they are the mother (as is the case in gestational surrogacy) the Johnson Court held that the one who intended to "bring about the birth of a child that she intended to raise as her own -- is the natural mother under California law.

Answer: It is not something I could ever do. Pregnancy is a very... emotional experience. There is nothing more beautiful than spending bonding time with your unborn child. I lay in bed everynight just watching my tummy move as my son kicks around. I rub my belly all day long, and sing to him. My boyfriend gives the baby kisses. All of my maternal insticts have already kicked in. I feel it really goes against nature in a negative way to use a surrogate mother, especially when there are so many children in the world who need homes. Even if the child wasn't biologically mine, I could never house someone else's child inside of me for 9 months, DELIVER IT, and then hand it off to someone else for some compensation. And to be the best of my knowledge, it is illegal to be a surrogate egg donor because there are too many court case issues of women keeping the baby after delivery.

Question: Would you do this for pay? Would you have a biological child, for a single man, in the following manner? You would get paid for doing it. The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable.

Answer: No, I would not. Technically the baby would be mine...I carry it for the 9 months, go thru labor and delivery and then sell him/her? I would never agree to that in the first place.

Question: gestational surrogate? Would you be willing to become pregnant (gestational surrogate) with a child for a single man, for a fee in following manner. Would you consider also being the egg donor, or use a different egg donor. This even applies if the intendment parent is a single man. Johnson v. Calvert The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable. Source http://www.surrogacy.com/legals/article/calaw.html The man is afraid that every woman will to the following. See article below. Have Anti-Father Family Court Policies Led to a Men's Marriage Strike? By Glenn Sacks and Dianna Thompson See http://www.glennsacks.com/have_antifather_family.htm

Answer: I'm not sure of your question either, but I would not be a surrogate for anybody either. My sister's relative was a surrogate for a single man. She was also paid a good fee. Most states are making the fee illegal, so this too, shall come to an end.

Question: Surrogate mother for a single man? Would you be willing to become a Surrogate mother for a single man who lives with his parents? Would you consider using your own eggs or use an egg donor. Would you still do it if it is illegal under state law for him to financially compensate you except expenses? Would you allow Pre-implantation methods to generate a girl, if it is a boy unlikely he will accept it. Father will have full custody and will be allowed to leave state/country. Johnson v. Calvert The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable.

Answer: Actually I don't see why this is so controversial. Women go to sperm banks all the time because they want to have a child without a man. I think it's a bit hypocritical to deny a single man the same opportunity. The singer Ricky Martin just went through this to have twin boys. The whole procedure is very expensive so obviously men aren't lining up to do this. However, those that are interested should not be denied. The article I just read explains a bit more: http://abcnews.go.com/Health/story?id=22…

Question: What is a Pre Birth Order? I've never heard of this term before. My sister is going to act as a surrogate for me. We talked about lawyers, but they are pretty expensive. The ones I talked with cost $9,000 upwards- for the contract and representation in court. Pretty much the whole deal for a surrogacy. I'm very new to all of this, and I just don't want to go into any of it blind. Then I heard about a Pre Birth Order, does this mean I don't need a contract? Do I do this all myself by filling out forms and going through the courts? I saw something called the Uniform Parentage Case Act- one of the forms. Can we change the names that go on the birth certificate just by a Pre Birth Order? I need help understanding all of this!

Answer: You need a family lawyer who is licensed in your state and who is familiar or is willing to research your state's statutory and case law concerning surrogacy. This is a fairly new area of law. Don't trust the uninformed opinions on Yahoo Answers.

Question: Question about getting full custody of my daughter...? I am not sure what I want to do yet, but my relationship with my now husband hasn't been anywhere near good ever since about 6 months before I got pregnant with our now 15 month old daughter. When I was pregnant he treated me horribly and I just found out that he tried getting with a girl he use to talk to in highschool when I was 8 months pregnant. I have very strong suspicions that he has cheated on me before, maybe even more than once, even though he denies it. Our relationship now is so-so, we kiss and say I love you but when we're mad at eachother and have arguments, I feel like our true feelings come out. In my heart I feel like I am only with him because I am scared to death of him taking my daughter away from me. He always tells me how I'm fat and ugly now and that the only reason why he's with me is because of our baby girl. I am currently in the process of becoming a surrogate, which required we got married so I could be added onto his medical insurance. He claims he married me because he loves me, but I really really doubt it more than I believe it. Anyway, my question is, if I were to leave him and took our daughter with me, and if he took me to court for the custody battle, do you think I'd have a chance at winning? I'll be making about $25,000 for this surrogacy so I'd be able to take care of us. I think surrogacy isn't a permanent job, but it's something I want to do more than once and I also have the help of my brother who is starting his career in carpet cleaning. I know I have support, emotionally and financially, so I know I'd be able to take care of my baby girl. I currently stay at home with her so I am with her every second of every day so I know what her needs are and when they need to be met. I know everything about her. Her dad is barely around her because he works nights and sleeps during the day. Most of the days he has off he is out with his friends. He doesn't even know what foods to feed her in the morning and is often too lazy to do it. Do you think I'd win in the custody battle even though he works almost fulltime (his hours are always different, one week it'll be 40, the next it'll be 32, etc) and my income will be coming from surrogacy? I want to get into college to start a career to be an ultrasound tech later on. My husband does't even have a diploma. Thanks for your time and answers I also feel like he only married me because I said I'd buy him a new car with some of the money I get from the surrogacy! Sorry for all the add-ons, I keep forgetting important details. When we argue sometimes he has put his hands around my neck and pushed me against the wall even while I was holding our daughter, almost making me drop her. I can't prove this abuse becuase he doesn't leave marks, but could i use this in court?

Answer: You have nothing to worry about. As long as he can't prove that you're an unfit mother then he can not get full custody. He would have to prove that you're homeless, no job, etc. before the courts would just hand her to him. However, he seems pretty stable so unless you can find something against him, you may be looking at joint custody. Him cheating will not work. He'd have to be drunk or on drugs or homeless.

Question: Becoming a surrogate Mom in Indiana? I love being pregnant and my handles it well. I have 2 kids close in age (3 and 19 months) and I am starting to get baby fever but I am so not ready for a 3rd. I decided I would LOVE to be a surrogate mother. It would be so awesome to give a couple (even if its a gay couple) the wonderful gift of a baby. It would mean so much to me! Well after some researching online I found out that Indiana's law for surrogacy is "Indiana law declares surrogacy contracts unenforceable as against public policy." I contacted a place that does surrogacy and the woman told me that it means that if I became a surrogate mother in the state of Indiana no matter what the contract said between me and the intended parents. If something were to happen no court would uphold the contract. Its pretty much useless. So the company wouldnt let me become a surrogate. Does anyone have any more information on this? Am I out of luck? I dont think I would hesitate to be pregnant for another couple. It might be hard to be pregnant for 9 months and then turn the baby over to another couple..but it would mean a lot to make them happy. My sister has PCOS and her and her husband have been TTC for a long time now. I offered to be a surrogate for her, I know how much she wants a baby..but she said it would be too akward and would kind of hurt to see me (her sister) be pregnant with her child, when she longs to be pregnant. Wow! I cant believe how people can look at being a surrogate in such a negative way. That is so sad!

Answer: Surrogate moms are wonderful, selfless people. I think what you want to do is an extremely honorable thing. Surrogacy contracts are a tough subject - you didn't mention whose eggs you would be using? I hope you pursue this. It's such an amazing thing to do for a couple - and extremely admirable. If you find a couple you are comfortable with, even if you don't have a formal contract you could still go ahead with it if you could rely on their word without a doubt. I'm sure it would be hard to hand over the baby you've carried - but it would feel so incredible to know that you've made a couple into a family. I think what you're doing is great.

Question: Is a spouse responsible for the other spouses child suport? A husband and wife has a kid they divorce, he remarries later he is unemployed, can the state make his new wife pay the child support? Also, with this particular situation, he is required to pay X amount in support and he is allowed visitation, when this started it was going ok, then the mother up and moves out of state without notice and without giving the father a way to contact via phone or an address to send letters cards gifts etc (when he was working). So he has a daughter he cant see or talk to etc but still has to pay to the court child support, and the court will not give him any information as to where his kid is. no way to contact them etc or even let him write a letter for the court to "blindly" send it to his daughter. He and his new wife for years have been writting the child letters, buying gifts etc for the child and are boxed up ready to be sent to the child (ive seen this) the father and his new wife is not a danger to the child in any way. Ive known him since Jr. high school and this doesnt seem right. This is why i dont want kids with a "known" female, i want it via surrogacy so no "baby mama drama" hehe Ok i know there are deadbeat mothers and fathers, he is NOT one of them. But think about it, in this economy or not, if you put him or her in jail HOW can they go find a job, or even answer the call for an interview from a previously submitted application, think of it on the prospective employer you call this guy to set up an interview and you get told he is in jail for not paying child support since he was unemployed? looks bad would you want to call him back? ( I personally would since ive seen this BS before,but some havent and would think the child support was a cover for something worse) OK LOL thank you for all the great answers I am forwarding them to my friend and his wife. Just know this is not for me lol Im gay! .

Answer: If the parents have a parenting plan (which they would since they got divorced and a that's a requirement), the parenting plan will state how many days notice the primary parent HAS TO give the other parent prior to moving out of the county. Minimum 30 days, some states 60 days. If proper notice isn't given, the parent then needs to file an emergency hearing and the judge will put a warrant out on the mother and order her and the child back to the county. In most cases, custody would then be given to the father. I do not believe for one second that the father has gone to court over this. There is NO way a judge would not do anything about this nor tell him where the child is, etc. He needs to speak with an attorney immediately. Also, no - a spouse is not legally responsible for their spouse's child support. However, their joint tax return will be intercepted if he owes more than $500 in arrears. She would need to file an injured spouse form with their taxes to get her share of the return. His return goes to his arrears. But no, they won't go after him. They will just suspend his license, throw him in jail, etc.

Question: Where is Nikki if Victor's coming back? Updated Spoilers!!? Katherine warns Mackenzie not to take surrogacy lightly The embryos are implanted Jubilant, Lily and Cane honor Mackenzie in a special way Billy continues to struggle with his emotions Billy and Cane argue about who’s at fault Mac, Lily and Cane endure a long wait to hear if the implantation was successful All are relieved when Mackenzie’s doctor finally calls with the results Chloe reins Billy in when frustration tempts him to make changes at Restless Style Billy decides to go forward with the decoding socialite cover story Out of the blue, a juror offers to sell Billy Grand Jury details Billy leaps at the chance to use Victoria’s indiscretion with Deacon as a weapon Jack notices – too late! – that Billy is in a bad place Billy spurns Jack’s offer of support Emotion gets the better of Billy, leading him to make dangerous decisions Katherine wonders why Tucker McCall is sniffing around Chancellor Industries Neil is pleased that the stock offer has attracted someone of McCall’s stature Jack continues to court Kay’s approval Sharon tries to appease Nicholas, but Adam has other plans Adam reminds Nick that he’s not Sharon’s husband any more Sharon is flattered when Adam tells her what she wants to hear Nick offers Noah a new home Adam uses Nick’s temper against him Nick loses control and punches Adam Nick wonders how Adam might use Nick’s mistake against him Sharon is concerned when Adam files a lawsuit against Newman Enterprises Adam convinces Sharon that he’s doing the right thing Victor returns to Genoa City and attempts to negotiate with his warring sons Victoria approaches JT about an investment she intends to take advantage of JT has something of his own to share JT is frustrated when Victoria’s goals conflict with his Kevin gets a chilling warning about Ryder Phyllis reaches out to Paul for help Lauren makes her feelings clear to Ryder Paul’s investigation reveals a new clue that proves Daniel’s innocence Phyllis takes a page from her old playbook to solve Daniel problem Chance is taken aback when the man who assaulted him gets in touch Jill meets a new man that strikes her fancy Tucker McCall arrives in Genoa City to much fanfare as Kay prepares to announce her final decision Spoilers for Next Week The forces swirling around Daniel put him in grave danger Phyllis moves heaven and earth to save her son Kay shocks her friends and loved ones with her announcement Kay’s decision about the stock changes the power balance in Genoa City Billy finds himself with a new supporter, but his downward spiral continues to pull him down Chloe is caught between a rock and a hard place Spoilers for down the road Nikki Newman comes home for Christmas Malcolm Winters returns as Lily’s health takes a perilous turn for the worse The truth about Mackenzie shocks Billy’s friends and family New alliances, hidden agendas and mysterious enemies shake things up for multiple Genoans Handsome Tucker McCall is catnip for the ladies, particularly rivals Jill and Gloria Holiday spirit touches Genoa City’s lovers as Sharon and Adam admit they’re in love, Emily falls in love with Jack, and Paul and Nina explore their own romantic feelings A surprising relationship teeters on the edge of collapse Traci and Abby take Ashley by surprise Billy Abbott’s self destructive habits and carelessness snare him in a dangerous trap Dramatic events bring estranged families together again as New Year’s Eve approaches Multiple characters put aside their differences when a sudden accident endangers a loved one A shaken Billy vows to take his father’s guidance to heart – this year, his New Year’s Resolutions will make a positive difference in his life On Friday, December 25th, The Young and the Restless will air a special holiday episode from 2003. Nikki is coming back 2 weeks after Victor does.

Answer: As long as she is coming back I don't care when.....just come back and get together with Victor once and for all....kick Ashley off the ranch and let her take Adam with her....and then fumigate the place....hire Miguel and Estelle back....and throw a party. Y&R's Braeden and Scott Back! Melody Thomas Scott (Nikki) and Eric Braeden (Victor) are back taping on the Y&R set and Digest has the scoop. "I really wanted everything that went down as Victor was leaving and everything that happens while he's away to really set the stage for when he returns in a really dramatic way," explains Head Writer/Co-Executive Producer Maria Arena Bell. "I wanted the audience to be going, 'Oh, my God. What's going to happen when Victor finds out about this?!' " For the full story, check out the new issue of Digest. +

Question: Would you be uncomfortable with donating eggs or your husband donating sperm? My husband and I were considering these options (as well as surrogacy) because we are so financially tight. Let me list the pros, cons, and reasons we've gone over and maybe you can all give us some help because we're undecided as to what to do. Pros: Money Cons: Other genetically biological children out there that WE didn't create together! I know there are no legal ramifications like child support, but I still find that freaky! Reasons: We're a very young couple. We've only been married a year and a half, but have been together 5 years total. We have a daughter who is 1 1/2 and my husband has a older daughter who is 5. We're in a huge custody battle for the older girl because her bio mom is just evil (too many reasons to go over, but suffice it to say that after 5 years she STILL hasn't grown up and moved on. The child is on the brink of mental breakdown because of the things her mother is doing to her) We're 90% positive we'll win, but we have to follow all the right steps and it's EXPENSIVE to do what's best for this little girl! We're employing a Guardian as Litem for her so that she can have a voice and the best possible representation. So we have all of that plus I'm still in college and can only work part time. My husband works a full time job, but also pays child support. We're doing well to barely make ends meet each month and it's not going to change until I graduate and become an attorney. We have the GAL fees, court costs, and random things that our kids need which don't fit into our tight budget. Plus, what about car repairs? Unexpected bills? What are your thoughts on this? I've checked into a few agencies around here and the pay is substantial, but we're looking at the ethical and moral ramifications. Yeah see that's what I'm worried about!! My husband is a talented guy. He'll pass good genes and what if we see his "donor child" on tv one day using the musical talent he passed?? How weird would that be??? Plus it's almost like the situation with his ex where I have to accept that someone other than me has a child with him! It's hard to accept that from someone I can't stand even though she knew him before I did. How could I handle someone who came AFTER me?? blech

Answer: I guess I don't like the idea of my DNA going out somewhere beyond my control. I would still consider that my biological child and I would feel a responsibility for the child. What if a child from a sperm donation met my child from my marriage and they fell in love and wanted to marry? I would also fear that my child could be raised to be evil and come back to battle all of humanity like in a Star Trek movie, but that is just my opinion. I understand the financial struggles and I would rather deliver pizzas due to my personal and ethical beliefs. I would also be careful of the "superman science" behind such fertility and egg and sperm donations. Carrying a baby as a surrogate could also open up emotional dangers and attachments that could be a lot of baggage if you are already dealing with enough stress already. Good luck to you.

Question: Pay woman to get full custody of children. Would it be ethical for a man who wants children of his own to pay a woman (gestational surrogacy contract) money in California to have a child and than give up full custody. Would you be willing to do it if you were a woman. See below Johnson v. Calvert The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable. Is it ethical for a man to pay his ex wife a large amount of money in order to get full custody of the children in a divorce. Please see articles below. http://britneybreakstheice.blogspot.com/2008/07/kevin-federline-secures-full-custody-of.html http://www.dailymail.co.uk/tvshowbiz/article-512178/First-Jackos-kids-ex-wife-Debbie-Rowe-shows-face.html

Answer: When you say ethical do you mean according to the law, or according to the finer human emotions. Because in law...people pay other people for children all the darn time. Havent you heard of cases where a mother 'wants' all of her children, unless father agree's to pay xx amount of dollars in alimony...and suddenly he can have them. So long as that check is in the mail on time every month. As far as surrogacy...is it legal to contract out the body of your child's 'carrier'? Sure. Another case where its done all the time. You arent only paying for the service, you are also paying for the medical time, the time away from work, the time to alter that persons way of living in the best interest of the fetus etc. Now...Do I think that people should use their children as a chess peice in order to get more money out of their estranged spouse? No. Do I think its cool that a surrogate mom can probably get at least ten thousand dollars in case? Depends. If its as I wrote above...reimbursement for the service, for the 'wear and tear' on her body, for stopping her from eating Mcdonals for nine months, for quitting her daily trip to starbucks in favor of whole milk...that type of thing...then yeah. That sounds reasonable. But if its a straight...dropping babies is how I make my living, and this is what I charge for that service...then No, of course not. Hope this helps...

Question: What is a Pre Birth Order? I've never heard of this term before. My sister is going to act as a surrogate for me. We talked about lawyers, but they are pretty expensive. The ones I talked with cost $9,000 upwards- for the contract and representation in court. Pretty much the whole deal for a surrogacy. I'm very new to all of this, and I just don't want to go into any of it blind. Then I heard about a Pre Birth Order, does this mean I don't need a contract? Do I do this all myself by filling out forms and going through the courts? I saw something called the Uniform Parentage Case Act- one of the forms. Can we change the names that go on the birth certificate just by a Pre Birth Order? I need help understanding all of this!

Answer: The pre-birth court order is the document that the court signs setting out who the legal parents are so that when the baby is born, the hospital takes this document and issues the birth certificate accordingly. I read another of your questions and understand your sister is going to be a traditional surrogate for you using donor sperm. I don't know enough details about your situation or what state you live in, but the entire sitation with your sister being your surrogate and you being single may make the entire thing moot. You may end up better off letting your sister have the baby, then terminating her maternal right and asking the court to give you custody of the baby due to the fact that you are family and court's like to keep families together. I think you guys going into this as a surrogacy will cost you a whole lot more money then you have and will not be legally binding anyway.