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Can I be a surrogate and still have certain rights?

Lawrence, MA |

I'm considering surrogacy, and I have a few questions. Will I be able to be a surrogate if I'm under the age of 18 if my legal guardians agree? Will I be able to choose the parents of the child I'm carrying? Will I be able to still see this child, an "Open Adoption" of sorts? and most importantly, will I be able to give birth to the child the way I choose?


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Attorney answers 2


I would highly suggest you wait until your at least 18 years old to make this decision. Your perspective may change over time, and making a decision like this, may have long lasting psychological effects even though you are ok with it now. As a surrogate you will be giving up your parental rights, and you should definitely hire an attorney because there is a lot of legal paperwork necessary to achieve the goal you are seeking to accomplish. The attorney should be paid by you, and not the surrogate parents, or your legal guardians, because attorneys are obligated to work for your best interests, and this may complicate matters, as a conflict of interest may arise. I wish you the best!
This reply does not constitute an attorney client relationship, and you should seek the advice of an attorney.


You must be a certain age to enter into a surrogacy agreement in Massachusetts, and there are a number of other very important requirements. It is critically important that you have your own attorney. Your failure to have independent counsel would likely jeopardize the agreement. Based on the questions you are asking, I have a number of legal concerns for you.

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