In an adoption there is always the risk that, before parental rights are terminated, a birth mother may change her mind and decide to parent the child. Or, a birth father or other family member may try to challenge an adoption. Adoptive parents must willingly acknowledge and accept these risks. Pregnancy-related expenses that have been paid by the adoptive parents cannot be recouped if the adoption falls through. Counseling, education and your own assessment of your ability to handle risk will govern your decision.

In a surrogacy or gestational carrier case, the primary risks are that a pregnancy will not occur (or carry to term), and that the surrogate/gestational carrier may want to raise the child herself. The first is a medical risk that should be assessed by your medical specialist. The second is a risk that rarely arises.  Proper evaluation at the outset, and counseling during the process, help to support the surrogate’s initial commitment to carry a child for the benefit of the intended parents. Nonetheless, it is important to work with an attorney who can handle the situation should the surrogate seek to parent.

Last updated on January 3, 2012 by Monica Farris Linkner