If My Wife is a Surrogate, Is the Child Mine?

If my wife is a surrogate, do I have rights to the child? We explain the medical and biological process of surrogacy.

Many spouses have questions about DNA and the medical process of surrogacy. This is natural when you’ve never encountered the surrogacy process.

We explain how the embryo creation and surrogate pregnancy process work to help you better understand the surrogacy journey.

If you have specific questions about surrogacy and the medical process, contact a surrogacy specialist at 1-800-875-2229.

Is the Child Mine? [Understanding Gestational Surrogacy]

In gestational surrogacy, the surrogate carries a child conceived through in vitro fertilization (IVF) using the egg and sperm of the intended parents or donors. Neither of you will contribute any genetic material to this process. This means that, biologically, the child is not related to you or your wife.

She is carrying the child, but the baby will only be biologically linked to the intended parents or donors.

How IVF and the Embryo Transfer Works

When parents decide surrogacy is the right path for them, it’s often because they want to be genetically connected to their child. If possible, the eggs and sperm of the intended parents will be used in the surrogacy medical process.

If the intended mother is not able to provide viable eggs, or they are a same-sex couple, they will work with an egg donor.

If the intended mother can provide her eggs, she will go through the IVF egg retrieval process or she will use eggs already retrieved for previous IVF attempts. After this process, they will use the sperm of the dad or a donor to create the embryo.

Step 1. Taking Fertility Medications

Working with a fertility clinic, your wife will begin a regimen of fertility medications. These medications typically include hormonal treatments to synchronize the menstrual cycles of the surrogate and the egg donor or intended mother. Other medications stimulate the growth and maturation of multiple eggs within the ovaries.

Step 2.The Embryo Transfer

Once the intended parents’ embryos have reached an optimal stage of development, one or more embryos are transferred to your wife’s uterus. This is a relatively simple and outpatient procedure, typically performed with the guidance of ultrasound.

Step Step 3. Confirmation of Pregnancy

Around ten to fourteen days after the embryo transfer, a blood test is conducted to measure your wife’s levels of hCG (human chorionic gonadotropin), the hormone produced during pregnancy. Following a positive pregnancy test, further monitoring through ultrasounds is scheduled to confirm the viability of the pregnancy.

Am I Legally Responsible for the Child My Wife Carries?

No. The legal process and surrogacy contract play a pivotal role in ensuring that you are your wife are not legally responsible for the child born through surrogacy. These legally binding documents are meticulously crafted to outline the rights, responsibilities and expectations of all parties involved.

The surrogacy contract will establish that the intended parents hold sole legal parentage rights over the child.

Through this agreement, you and your wife are legally protected, absolving you of any legal obligations or responsibilities for the child post-birth.

The intended parents will complete the appropriate paperwork to assume the parental rights of their child.

Contact Us Today

If you have questions about the surrogacy process, we are here to answer them. Contact a surrogacy specialist at 1-800-875-2229 to learn more.