655
Subj : Re: Nobody's ... script editor
To   : alt.tv.er
From : Sharon Three
Date : Mon Oct 03 2005 03:52:43

From Newsgroup: alt.tv.er


"MauiJNP" <jmh1116@ptd.net> wrote in message 
news:pWOdnQSewMCOBt3eUSdV9g@ptd.net...
> >
>>I wonder as well whether the bio-parents could sue for medical expenses 
>>for the child since it was the surrogate's actions that resulted in the 
>>injuries.
>>
>>
>>
>
> I didn't think of it that way.  The parents should sue the surrogate for 
> all present and future medical costs, plus emotional damages.
>
Since the surrogates didn't take custody of the child from what I understand 
(didn't see it), they'd have no legal standing to sue for anything except 
maybe breach of contract and the return of the fees they paid.  Besides, 
it's doubtful the surrogate had a big bankroll or she wouldn't have been a 
surrogate in the first place, the fee ain't all that much.

Legally in Ohio, the mother who delivers the child is the legal mother, even 
if it wasn't her egg that was used, which often it isn't.  She must 
surrender her custody rights to the child for the adoptive parents to get 
custody in a private adoption.  If she surrenders custody, the baby goes 
into the system if the adoptive parents choose not to proceed with the 
adoption.  Even if the potential adoptive father is the bioDad, he is not 
named on the birth certificate unless he submits to paternity testing and 
then agrees to sign it.  Even then, he can surrender his rights to the child 
just as the birth mom did and there's nothing to be done about it.

Doc Sharon

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