Adoption vs surrogacy

[Mommy2B]

Jurisdiction

Ohio

A friend of mines daughter is pregnant, she does not want the baby. She has told us in the past that she would carry for us but, we are both infertile. So basically she is saying she will carry this baby for us, like a surrogacy except it won't involve either of our DNA, which is the way is would be anyway because we are both infertile. Point is I was told we could just sign the birth certificate and it would be like surrogacy and no adoption would need to take place, we would sign a notarized document stating she was carrying a child for us. Is this true? If not, can we still sign the birth certificate, and do we actually have to go through with an adoption, or can she just sign over parental rights, with an agreement that we would not want child support from her or the biological father? Would that still need to go through an adoption lawyer or just the court system? And if it does HAVE to be an adoption, since she is just wanting to give us the baby, do we still have to go through all the family interviews, home inspections, so on and so forth, that Ohio makes you go through when adopting?

 

[army judge]

A friend of mines daughter is pregnant, she does not want the baby. She has told us in the past that she would carry for us but, we are both infertile. So basically she is saying she will carry this baby for us, like a surrogacy except it won't involve either of our DNA, which is the way is would be anyway because we are both infertile. Point is I was told we could just sign the birth certificate and it would be like surrogacy and no adoption would need to take place, we would sign a notarized document stating she was carrying a child for us. Is this true? If not, can we still sign the birth certificate, and do we actually have to go through with an adoption, or can she just sign over parental rights, with an agreement that we would not want child support from her or the biological father? Would that still need to go through an adoption lawyer or just the court system? And if it does HAVE to be an adoption, since she is just wanting to give us the baby, do we still have to go through all the family interviews, home inspections, so on and so forth, that Ohio makes you go through when adopting?

You need a lawyer in any state of the USA to adopt a baby, and that means the court will be fundamental to the adoption.

Babies are human beings, born with all the natural rights of man, and the legal rights endowed to each and every US citizen.

As human beings, babies aren't chattel.

Babies can't be given away, bartered away, traded away, or sold away, LEGALLY.

Other than being cute, HUMAN babies share nothing in common with kittens or puppies.

I suggest you immediately disengage from this scheme, if you don't, your heartache will be great, and you might find yourselves under criminal indictment.

 

[zddoodah]

Point is I was told we could just sign the birth certificate and it would be like surrogacy and no adoption would need to take place, we would sign a notarized document stating she was carrying a child for us. Is this true?

Told by whom? Obviously not by any attorney. For starters, parents don't typically sign birth certificates, so I'm at a loss to understand why or for what purpose someone thinks you can or would sign the birth certificate. Birth certificates are typically signed by the delivering physician and/or a local records clerk. If you're suggesting that you could have the birth certificate falsified to identify you and your spouse as the parents of the child, I suppose you could do that, but it obviously wouldn't be legal.

do we actually have to go through with an adoption, or can she just sign over parental rights, with an agreement that we would not want child support from her or the biological father?

Yes, if you want this child, you will have to adopt it, and you will have to obtain consent from both parents. Apparently, the mother will consent (although it would hardly be uncommon for a mother to change her mind after actually giving birth), but it's not clear whether anyone has run any of this by the father (if his identity is even known). Other than by consenting to an adoption, a parent cannot simply "sign over parental rights."

Would that still need to go through an adoption lawyer or just the court system?

I'm uncertain why you think this is an either/or proposition. Adoptions cannot happen except by obtaining a decree from the appropriate court. An adoption is not a good DIY process, and you would be well-advised to retain the services of an attorney who understands the process.

And if it does HAVE to be an adoption, since she is just wanting to give us the baby, do we still have to go through all the family interviews, home inspections, so on and so forth, that Ohio makes you go through when adopting?

That the mother will (or may) consent doesn't change anything.

 

[leslie82]

A friend of mines daughter is pregnant, she does not want the baby. She has told us in the past that she would carry for us but, we are both infertile. So basically she is saying she will carry this baby for us, like a surrogacy except it won't involve either of our DNA, which is the way is would be anyway because we are both infertile. Point is I was told we could just sign the birth certificate and it would be like surrogacy and no adoption would need to take place, we would sign a notarized document stating she was carrying a child for us. Is this true? If not, can we still sign the birth certificate, and do we actually have to go through with an adoption, or can she just sign over parental rights, with an agreement that we would not want child support from her or the biological father? Would that still need to go through an adoption lawyer or just the court system? And if it does HAVE to be an adoption, since she is just wanting to give us the baby, do we still have to go through all the family interviews, home inspections, so on and so forth, that Ohio makes you go through when adopting?

That is not like surrogacy at all. She would be giving her child up for adoption once she delivers if she agrees to at that time and signs her rights over. Surrogacy is where someone is just the incubator for your fertilized embryo.

I don't know who told you to just sign the birth certificate but I would not listen to them. Go talk to an adoption lawyer. Don't do this on your own.

If she's an unmarried woman then whoever impregnated her has no rights until there is a child. But if he knows about this and has wanted the baby then expect a fight.

I would not half ass taking someone else's kid. Also she's still pregnant right? She could change her mind at any time. I would go through an adoption agency and make this 100% legal and legit.