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Will YOU Have My Baby?
A Surrogacy Q&A with Sharon LaMothe
A gestational surrogate doesn't have a legal leg to stand on, as she is not biologically related to the child. You hardly ever hear of a surrogate who has been properly screened and has had support throughout the pregnancy asking to keep a child. A traditional surrogacy is different, as she is biologically related, and although the intended father is biologically related as well, there still would be a court battle depending on the state. I suggest that you discuss this possibility with your attorney before you start any type of surrogacy planning. Gestational surrogacy with an egg donor is ideal if you have this concern.
Will the surrogate have any rights to the child once the baby is born?
A traditional surrogate will have to sign her rights away, as is the case in any adoption, and a gestational has no rights whatsoever and there is no adoption involved. (This is according to Florida law. Check your state for full details.) 
How do I tell my child about the surrogate mother?
This is a question that really depends on the child and the family structure. Just as in adoption, it will be when the child is of an age that they are able to understand the implications of surrogacy. Most likely it will be many years to come before you are faced with that question. There is a book called Mommy, Did I Grow in Your Tummy? Where Some Babies Come From (Em Greenberg Press, 1992) that is very good in explaining the different ways that families are made. As surrogacy is gaining public interest and popularity, in 10 or so years everyone will have some knowledge of surrogacy as we all do about adoption now.
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