What Happens if the Intended Parents Separate Before the Baby is Born?
Parenting is the hardest job on the planet. I think nearly every parent would agree with that statement. Having children while maintaining a relationship is another level of hardship...and usually there’s some joy and love happening also ;). The same goes for having a child via surrogacy. The surrogacy process can be very stressful, emotionally, physically, and financially. Occasionally, intended parents may choose to separate during the pregnancy. If so, then what happens to the baby after birth?
Imagine a couple having a baby NOT through surrogacy, and they decide to separate during the pregnancy. There are multiple possible outcomes. They could decide to work out a custody agreement. One person might decide they don’t want to be involved at all and give full custody to the other parent. They could also decide to give the baby up for adoption.
Well, the same goes for a separation between the intended parents during a surrogacy pregnancy. It’s up to the intended parents to decide what route they want to take. I have been asked if the surrogate gets to keep the baby if the parents decide to give the baby up for adoption or if the parents pass away before the baby is born. That decision is not up to the surrogate, the intended parents decide before the birth who the baby’s guardian will be if something would happen to them.
So, just like all things surrogacy, there isn't a single answer. Instead, there are possibilities. Separation before the baby is born isn't a common occurrence but it's always good to know the "what ifs".