What Happens if the Intended Parents Marriage Ends During the Pregnancy?
The agreement in question that we use, deals with that specific instance. In fact the most famous case in the area Surrogacy is Buzzanca v. Buzzanca who our are clients and they signed our agreement. They were required under case law, to basically be the parents of that child whether the father wanted to be or not because the obligations are very strict and very clear. You will bring that child in your home and raise it as your own and if you in fact you do not, then the other party, in this case the wife, can force a performance of the husband to raise that child as its own, its own legal child because that is the obligation created by the willful execution of that agreement and the surrogate does not have to worry about that process.
Kevin Mahan, Attorney at Law, Mahan & Mahan