Say an infertile couple, who uses a fraudulent identity, wants a baby so they decide to do something similar to surrogacy. In fact they call it a surrogacy. They find a married gal who is willing to get pregnant for them, but not with the help of a medical or surrogacy professional. They decide instead to order an insemination kit online so they use his sperm and the new married friends uterus, therefore her egg and quietly to the deed. AND they also use an old surrogacy contract,,tweek it a bit to fit their needs, and call this act a surrogacy. Oh and throw in the fact that they live in a state where this kind of deed is actually called an identified adoption and does not recognize this type of surrogacy.
Brings up some questions,,huh? I know I have some.
1. Who's name goes on the baby's Original Birth Certificate? The married friend, right? She is after all the biological parent. And then the male sperm donor, as he is bio too.
2. Since you have identified the two bio parents, and if the bio dad's wife wants to be the LEGAL parent she must do a step parent adoption,,right? So that means the bio mom needs to legally terminate her rights to the child. How do they explain the conception of this baby to the court? Do they tell the truth? They probably will lie and state something like,,,sperm donor had an affair with the married friend.
3. Now if they use false identification, and have documents stating they are someone else other then their true and legal selves, how do they file a petition for adoption? DNA has proven he is the father, but on the Original Birth Certificate who's last name does he carry? The fraudulent name? or the true legal name of the father? When this child gets older and the true identity of the sperm donor is found out, will the child have a legal birth certificate? What will the child believe about his parents,,his bio parents? How much will he trust them? Because if they lied from the beginning, what else are they lying to him about? All for very selfish reasons.
4. In a legal surrogacy, funds can legally be given to the carrier of the baby. If this act was not done legally, could they all be charged with child/human trafficking? I think so.
5. Another thought came to my mind. What if they don't do a step parent adoption??? The bio dad could threaten the birthmom with child support if she ever said anything? She may stand to loose a lot, especially if she has other children in the home. Uffda, what a wicked case of bribery that could be.
6. Who paid the medical bill for the birth of the baby? Or for the pregnancy? Was it done legally? OR maybe bio mom was on state care and the people who paid taxes in the state of birth, paid for it. Is that considered medical fraud of some kind? or welfare fraud???
Oooh the web people weave!
Law is supposed to be balanced such that we all have the same personal rights and freedom and with that we all have the same obligations not to interfere with anyone else's rights or freedom. There is nothing wrong with a woman agreeing to carry a baby for another woman so long as she does not present herself as that child's mother on the birth certificate and so long as she does not collude to conceal the identity of the actual mother from being named on the birth certificate of the child she delivers. Egg donors are not mothers until their offspring are born and then like all other women with offspring they are mothers and should be named on their children's birth certificates. It's fraud and black market adoption to skip court adoption with all these contracts and back door dealings. It's buying custody of a human being and it's not motherhood at all no mater how much they want the baby and no matter how much love and effort they pour into raising the child of another woman you can't buy motherhood with money and you can't earn it with effort - its an obligation that comes with having offspring, it's not transferable.
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