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Many gay and lesbian couples want to have children from surrogacy and donation. Most of the times this is done because the couple wants to experience the joys of parenthood. Most of the times, the process followed in gay surrogacy may be similar to the one followed in heterosexual relationships. Given below are important questions about gay surrogacy that are commonly asked. Would a gay surrogate man have any legal rights towards the child if he gave a sperm to a woman to have a baby and did not sign over his rights?
Even though no agreement or contract was signed, the gay man may have full rights towards the child as a biological father of the child. The court however, may have the right to terminate the father’s parental rights. Otherwise, the father’s rights will be in existence by default. What are the laws regarding a gay woman becoming a surrogate mother in Vermont?
The laws regarding gay surrogacy may be different in each state of the USA. Most states may not permit becoming a surrogate parent for compensation. In Vermont, surrogate contracts may be accepted in court but there is no law that directly governs surrogacy. Can a woman become a surrogate mother without legal papers? Would it be considered legal to just have a notarized signature on a piece of paper in Missouri?
It may be better to have legal contracts for surrogacy in order to avoid any kinds of problems in the future. Missouri permits an individual to have a gay surrogate mother without having any legal documents if they get a piece of paper signed by a notary. There is no statute in the law that makes if compulsory for legal documentation. Would it be possible for a gay couple to adopt a child from a surrogate mother if she is married and the biological father of the child is also gay?
In situations like above, the mother’s parental rights will have to be terminated either by choice or by petitioning the court for a termination after the birth of the child. However, this contract may not mention anything about the parental rights of the non biological father. The child’s mother can reclaim her parental rights if the contract is found to be invalid in the future. The non biological father can adopt the child through second parent adoption to gain parental rights. However, some courts in Texas may permit second parent adoptions and some may not. Will a gay surrogacy contract be enforceable?
In most states, gay surrogacy contracts may not be enforceable. This is due to adoption laws that already exist and in order to discourage the sale of babies. Some of these laws may make it illegal for the mother who gave birth to the child to receive money for conceiving the baby. In such states, a surrogate mother can easily challenge a surrogacy contract if she wants to keep the baby and not give it up. In some situations, laws governing artificial insemination can also challenge surrogacy contracts. Some states do not consider sperm donors to be the fathers of the child. One may ask a family lawyer if one has any questions regarding gay surrogacy and the laws governing it.
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