• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Adoption of baby from surrogate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state? Virgin Islands/U.S. citizens

Please explain what courts generally do, along with possible outcomes from this situation concerning a baby born of a surrogate mother/biological father.

One of my closest friends and his wife couldn't conceive a child, due to his wife's inability to become pregnant. They found a woman who was willing to be a surrogate, went through artificial insemination, and now have a beautiful baby who's almost a year old. The baby lives with the biological father and his wife.

The problem: Now that they are attempting to obtain a legal adoption for the wife, they're running into a snag, and aren't sure what to do. Please advise.

Background: Although the surrogate mother and her husband were separated at the time of the agreement (for her to become a surrogate mother), all parties asked for his verbal approval. He gave the okay reluctantly, believing their marriage was over. Since then, he and his wife have reconciled, but the idea of the surrogacy has placed a strain on the marriage. The surrogate mother is now the godmother for the baby, but her husband would like her to stay away from the situation. Also, the biological father's name is on the birth certificate.

Now that the adoption process has begun, the surrogate mother is still cooperative with the adoption procedures, as planned. The judge has requested the surrogate mother's husband, however, sign a legal statement, since he and his wife [surrogate] are still married. He has decided not to cooperate, and refuses to sign the legal documents.

Any insight that can be offered would be appreciated!



Please post replies

Please post replies to this request. This is a very important, but rare case. Any input regarding this issue would be helpful.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential