Gestational Surrogacy Parentage & Custody Rights Framework

1. Legal Jurisdiction

Jurisdiction Standard

2. Consent & Breach Event

Breach / Conflict Timing

Pre-Implantation Withdrawal of Consent Mid-Gestation Medical/Directive Breach Post-Conception Demand to Relinquish / Repudiation Post-Birth Delivery & Custody Surrender Refusal

Intended Parents Consent Status

Reaffirming Intent & Seeking Custody Order Revoked Consent Against Surrogate's Wishes

Carrier / Surrogate Intent

3. Genetic Material Links

Intended Mother Link 100% (Biological)

Intended Father Link 100% (Biological)

Surrogate is Bio Mother (Traditional Surrogacy Edge)

Interactive Parentage Route Map

D3 Decision Flow

Legal Outcome Vectors

Temporary Custody Status

Intended Parents Awarded Pendente Lite Custody

Based on contractual intent executed prior to implantation under UPA § 801 framework.

Intended Parents Legal Parentage 88%

Surrogate Carrier Rights Assertion 12%

Genetic Provenance Weight 95%

Best-Interests Judicial Override Risk 15%

Johnson v. Calvert, 851 P.2d 776 (Cal. 1993)

Establishes the "Intent Test" for gestational surrogacy: where state laws support both genetic and birth parentage, legal parentage belongs to the party who intended to bring about the birth of the child.

In re Baby M, 537 A.2d 1227 (N.J. 1988)

Key traditional surrogacy milestone holding paid traditional surrogacy contracts illegal as contrary to public policy when gestational carrier is also the genetic mother.

Uniform Parentage Act (2017) § 801-809

Provides statutory mechanism for pre-birth parentage orders validating gestational agreements if executed with counsel prior to embryo transfer.

Jurisdiction Type	Pre-Birth Order Valid?	Breach Remedy	Primary Legal Doctrine
UPA (2017) State	Yes (Statutory)	Specific Performance / Parentage	Contractual Intent Standard
Strict Enforceable	Yes	Order Enforcement	Freedom of Contract
Best-Interests Primary	Discretionary	Custody Hearing / Evidentiary	Child Best-Interests Standard
Traditional / Anti-Surrogacy	No	Adoption Required	Maternal Gestational Primacy

Evaluating active parameters...