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Creative Love is an Egg Donor and Surrogacy Agency that is inspired and delighted to work with Intended Parents, Egg Donors and Surrogate Mothers to help create beautiful families.

Can I Do Surrogacy If My Husband Has A Criminal Record?

Posted on November 21, 2016

Can I Do Surrogacy If My Husband Has A Criminal Record

When you apply to become a surrogate mother, your application is anything but pro forma.  You have a lot of questions to answer about your health, your finances and even your criminal record (which hopefully you don’t have).  You also have questions to answer about your own physical features and your lifestyle habits, as well as about your family situation.

In the State of Florida, as a surrogate mother you do not have to be legally married to enter into a surrogacy agreement. However; if you are that’s where your husband comes into the picture.  The husband does not have to answer as many questions, and he certainly does not have to go through the array of medical tests that the surrogate herself must undertake.

But there are a number of questions that pertain to him, especially those related to his lifestyle and finances, since those will impact upon the home environment where the child id gestating, as well as on the emotional and mental well-being of the surrogate mother herself.  And you will both be visited in your home, so that the home environment can be assessed first-hand.

State criminal records will be checked for both you and your husband.  What happens if either of them comes back positive?  What happens if either of you has a criminal record?

As with so many other factors, it depends.  There is no law against a person with a criminal record acting as a surrogate, and there is no law against a woman whose husband has a criminal record acting as a surrogate.

The question is what the agency or clinic will think, and also what the intended parents will think.

Many of the more reputable agencies refuse to work with people with criminal records.  Since this process involves not just a woman, but the couple, that includes her husband.  The agency is responsible for its recommendations, and recommending somebody with a criminal record is a huge and unnecessary risk.

So much of the surrogacy process involves trust.  A criminal record is a huge red flag that says, “I cannot be trusted.”

If the fertility clinic does accept a couple with a criminal record in the household, that still might not sit well with the intended parents.  The agency will screen for criminal records, and will have to reveal that to all intended parents.

Once again, there is the matter of trust.  How many parents would entrust their child to a criminal?  Whether it is the surrogate mother or her husband, there is still a criminal around their child.  Violence might be close at hand, and there will always be the concerns of drugs and other risks.

No, being a criminal does not necessarily mean a person uses drugs.  But it does mean that the person is most likely careless with important things or has a poor respect for other people’s property.  And that could include other people’s children.

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