In the longer run, explanations are not required to the child concerning why its genetic parents abandoned it. In adoption proceedings, social agencies make recommendations as to whether the infertile couple would be appropriate parents. The law confers rights to genetic parents. These hearings may only be contemplated under the law as available options following the birth of the child. Obvious shortcomings in this scenario include uncertainty during the pregnancy and birth of the child as to its parentage and, hence, who makes medical treatment decisions on behalf of the child as well as who would have custody of the child pending this determination.
Courts often require additional evidence.
Affidavits of the infertility physicians may suffice. Testimony may be required, from either the parties or possibly the infertility physicians. If the surrogate has undergone a tubal ligation, or her husband a vasectomy, this is corroborating that the infertile couple are the parents of the child. Blood type analysis and genetic testing may be required, which is much more likely following the birth of the child. Mark A. Johnson Copyright 1996.