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A mother is typically defined as a woman who gives birth to a child. It?s a relatively recent phenomenon that the woman carrying the child is not the same woman who supplied the ova. But in most surrogacy cases, the surrogate provides not only her womb but her egg as well. This makes her the biological mother of the child. To require her to give up her child via a surrogacy contract violates her fundamental right to raise her child. This is not to say that her rights to her child are exclusive, since the biological father also has an inherent right to raise his child. But the right of the biological father to associate with his child cannot be enforced by denying the same right to the biological mother. Because of this fundamental right, some states that allow payment to the surrogate don?t allow enforcement of the contract should the surrogate wish to keep the child. In such states, any contract requiring the woman to agree to give up the child she carries is not considered a valid or enforceable. Allowing the surrogate to keep the child increases the risk that the contracting couple will ultimately not be the ones who serve as full-time parents. Instead, they might end up sharing custody of a child that they believed was going to be all theirs. It?s unfair to the couple as well as the child.

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