What if the surrogate wants to keep the baby? What if the intended parents refuse to take the baby?
In most cases, the parties to a surrogacy agreement perform exactly as agreed. It is unusual for a surrogate to try to keep a child or for intended parents to refuse to take a child. But the surrogacy agreement should be written to deal with even such unlikely occurrences, and should be very clear about the parties rights and remedies in the event that someone violates the contract. On those rare occasions where there is a violation so substantial that it cannot be resolved by mediation or counseling, it may be necessary to hire an attorney to ask a court to enforce the surrogacy agreement.
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