What are the rights of the surrogate and parents who engage the services of a surrogate?
The law differs in various jurisdictions on this subject. However, there is a bottom line which is clear: If the embryo and the sperm were fertilized in vitro from the biological parents and then implanted into a surrogate, the biological parents will prevail as against a surrogate. The issue becomes more complex when either the sperm and/or the egg is donated by a third party and the surrogate carries the pregnancy. If that third party is known, that person may have rights and obligations. The surrogate in some jurisdictions may prevail. Assuming that the sperm was from a third party and the egg was from the biological mother, there can be an outright custody battle. The law is still developing in this area.
