Surrogacy can be a meaningful way for couples who cannot conceive through other means to have a child of their own. The process can be extremely complex, however, and even with extensive contracts, the intended parents can still end up in custody battles. An experienced and knowledgeable family law attorney can help you draft a thorough contract and take legal action should a custody battle arise. The attorneys at Everett Cuskaden & Associates, ALC, with their 35 years of experience in the field of law, will help guide you as you take on this new chapter in your life.  

Surrogacy & Custody

Unfortunately, surrogacy is one of the most muddled areas of assisted reproduction. In some cases, the couple undergoes in vitro fertilization (IVF), using the male partner’s sperm and the female partner’s egg to implant into the uterus of a surrogate mother. Sometimes, if the female partner is infertile or has certain reservations about using her own eggs, the male partner’s sperm may be used in conjunction with the surrogate’s own eggs, or with another party’s donor eggs.

Despite having detailed contracts in place prior to beginning the surrogacy, many intended parents have been left childless because the surrogate mother changed her mind and refused to surrender the baby. 

Things can get even messier, though, if other donors are involved as well. The question can then become, “Which parent—the biological, adoptive, or surrogate—gets parental and custodial rights?” It is when these questions arise, that a resolution must be reached in court. 

If you are considering surrogacy, it is critical that you work with a skilled family law attorney from the start to ensure your rights are protected throughout the entire process. The attorneys at Everett Cuskaden & Associates, ALC have extensive experience in family law and can guide you through this complex process. Visit their website to learn more about their services, including divorce and child support, or call their law office at (808) 545-1331 to schedule a consultation.