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Surrogate Changes Her Mind At Eight Months, Couple Refuses To Give Up Their Baby

by Layla Bui
January 2, 2026
in Social Issues

Surrogacy is often described as a carefully planned process built on trust, clear expectations, and legal protection for everyone involved. When it works, it can be a beautiful way for people to build a family. When it doesn’t, the emotional fallout can be overwhelming and deeply personal for all sides.

One couple believed they had done everything right. Contracts were signed, boundaries were clear, and the pregnancy progressed without issue. Then, late in the process, an unexpected request changed everything. What followed was a tense confrontation filled with pleading, firm refusals, and accusations of cruelty.

Now, friends and family are weighing in, each convinced they know what is morally right. Scroll down to see why this case has sparked heated debate about consent, legal agreements, and whether compassion should ever override contracts.

A couple faces turmoil when their surrogate changes her mind and asks to keep the baby

Surrogate Changes Her Mind At Eight Months, Couple Refuses To Give Up Their Baby
not the actual photo

'AITA for Refusing to Let My Surrogate Keep Our Baby After She Changed Her Mind?'

I (33m) find myself in a difficult situation with my surrogate, Maria (25f), and I’m wondering if I’m the jerk in this situation.

To provide some context, my husband, Roman (37m), and I decided to use surrogacy to have a child.

We had a legal agreement in place, and Maria was compensated generously for her part in carrying our baby.

Everything was going smoothly, and we were excited for our child’s arrival.

However, around the eighth month of pregnancy, Maria dropped a bombshell.

She declared that she no longer wanted to go through with the surrogacy and expressed her desire to keep the child.

This sent Roman into a fit of anger, but I managed to get him to step out, and I had a one-on-one conversation with Maria.

I reminded her that she had legally signed the documents, and the baby was unequivocally ours, mine and Roman’s.

She began pleading with me, but I stood my ground, asserting that this child was my son and not hers.

She tried to bargain, saying she no longer wanted the money, but I firmly rejected her request,

emphasizing that no one had coerced her into signing those papers. Whether she liked it or not, the baby was ours.

To add some financial weight to my argument, I pointed out all the money we had invested in the baby

and the substantial amount she received before the pregnancy.

I made it clear that if she wanted the baby, she’d have to reimburse us for all of that, something I knew she couldn’t afford.

I suggested that if she had any more issues, she should speak to my lawyers,

but as far as I was concerned, the baby was ours, mine and Roman’s. Whether she liked it or not.

Maria called us cruel and even got her family involved to support her case.

Now, I’m doubting whether I’m in the wrong here.

Roman supports my stance, but some of my friends and her family are calling me the a__hole. So, Reddit, AITA in this situation?

EDIT: for clarification she hasn’t purse legal action at all, this was a talk she had with us.

EDIT 2: we live in California where traditional surrogacy is allowed as well as pre-birth and after-both agreement.

We have a pre-birth agreement and by law the baby is ours and she knows it she is asking

if we would give up our rights for her to have the baby which we won’t, the baby is mine and my husband.

There hasn’t been pursuit of legal action she can now only talk through my lawyers.

There are moments when empathy and obligation pull in opposite directions, and nowhere is that tension sharper than when a child is involved. Most people instinctively feel for someone in emotional pain, yet they also rely on the idea that commitments, especially ones involving future lives, mean something.

This story sits uncomfortably in that space, where compassion for a surrogate’s distress collides with the emotional reality of intended parents who already see themselves as a family.

At the core of this situation are not cruelty but competing attachments formed under very different conditions. The intended parents entered surrogacy with structure: legal agreements, financial investment, and years of anticipation. For them, the baby was emotionally real long before birth.

Maria’s experience unfolded differently. Pregnancy can reshape emotions in ways even well-prepared surrogates don’t fully anticipate. Her late-stage change of heart reflects panic, attachment, and grief rather than malice.

Meanwhile, the OP’s firm response came from fear of loss and the need to protect what he and his husband had already psychologically claimed as their child. Both sides were reacting to perceived existential threats, not simply arguing over a contract.

What often divides public opinion is how people assign moral weight to vulnerability. Many instinctively side with the pregnant woman, viewing her emotional pain as outweighing prior consent. Others emphasize autonomy and responsibility, noting that surrogacy depends on trust in clearly defined boundaries.

A less discussed layer is how same-sex male couples are sometimes subconsciously framed as “less natural” parents, making their claims feel transactional rather than emotional, even though their attachment is no less real. This bias can quietly shape who society expects to sacrifice.

Psychological research helps explain why these conflicts arise so intensely. A qualitative study published in Human Reproduction found that surrogacy can be an emotionally complex experience, with some surrogates developing unexpected attachment due to hormonal shifts, identity changes, and prolonged physical connection during pregnancy.

Additional research hosted by the National Institutes of Health shows that while many surrogates adjust well post-birth, emotional distress during pregnancy can spike when expectations clash with lived experience. These findings don’t negate consent, but they explain why regret can surface even in carefully planned arrangements.

Seen through this lens, the OP’s refusal to relinquish parental rights wasn’t about money or dominance. It was about preserving psychological security for a child whose future had already been imagined, prepared for, and emotionally inhabited.

At the same time, Maria’s pain deserves acknowledgment, not dismissal, even if it cannot redefine ownership.

The hard truth is that empathy does not always require surrender. Sometimes the most ethical choice is holding firm while recognizing someone else’s grief. In situations like this, long-term harm is minimized not by erasing boundaries but by respecting them, especially when a child’s stability depends on it.

Here’s what people had to say to OP:

They stressed that this is traditional surrogacy, not gestational surrogacy, because the surrogate is also the biological mother

nooneknows09836 − Unfortunately, this is why doctors will not allow the egg donor and surrogate to be the same person.

Who advised you to proceed in this manner? Due to her being the biological mother your contact is potentially void.

I would consider consulting with a family law attorney so your husband can plan to file for custody.

If the future, if you decide to have more children, go with a surrogacy agency and separate egg donor so you can avoid this issue.

OP is a man and says in the comments the surrogate is also the egg donor. ie the surrogate is the biological mother.

OP has no biological relationship to the baby. His husbands sperm was used with the surrogates egg.

NightsofWren − People can downvote me all the want, the facts remain:

Traditional surrogacy is much more legally complex than gestational surrogacy because the surrogate is the biological mother of the child.

In order for both intended parents to have parental rights for the child,

the non-biological intended parent will likely need to complete a stepparent adoption following the baby’s birth.

wh0dunit_71 − From OP comments, the baby is biologically the surrogates.

That’s a highly unusual arrangement, usually a donor egg is used.

With her being the biological parent, I don’t think it’s as easy as just saying we won’t allow her to keep the child.

It’s her child both biologically and legally after birth (in the jurisdictions I’m aware of). You can’t force her into an adoption.

I hope this isn’t a real post and that people aren’t actually doing surrogacy with the surrogate as the bio mother.

It’s a sticky enough situation, but that puts a different spin on all of it.

ranchojasper − You really need to add to the post that this is her biological baby.

This is not surrogacy; this is you adopting the biological baby of your husband AND THIS WOMAN.

That's literally the only context that matters and you've left it out completely!

These commenters highlighted the importance of jurisdiction, noting that surrogacy laws vary widely by state or country

These-Maintenance-51 − What if she goes to one of the couple states where surrogacy is illegal to have the baby?

Earnest_Asker97 − Let the courts decide it. Not sure where you're located,

but my understanding is that surrogacy is always precarious until the post-birth legal adoption is complete.

It's not really about assholes or not, but I hope all three potential parents can agree on something that is best for the child.

seaturtle541 − NTA Is the child biologically hers or did you use a donor egg?

The answer to that question is important; if the child is biologically hers, as well as biologically your husbands,

depending on where you live, she may have a case. If she has no biological connection to the child, she shouldn’t have a case.

You need to speak to your attorney as soon as possible and let them know what is going on.

Block her family it’s none of their business.

As far as your friends who are saying you’re an a__hole, they are being ridiculous. I hope you get your baby

They criticized the arrangement itself, arguing that reputable agencies typically refuse traditional surrogacy due to the emotional and legal risks

No_Tiger75 − TBH I think this goes beyond the scope of AITA. It was a HUGE mistake to use a surrogate AND using HER egg.

She IS literally giving you her child. I'm glad you have papers but dang, a legit agency set this up?

I kinda want to say ESH as in everythings sad here

seamstresshag − It sounds as if you & husband didn’t do things quite legally. You should have never used her eggs.

Donor egg put in another woman.

She probably had dollar signs in her eyes, and didn’t think of the consequences of actually giving away her child.

She probably thought she could do it. But now she’s carrying her baby.

I don’t know about another contract, she doesn’t have to sign it.

You can’t threaten her with payment demands other what’s in the contract she signed.

No wonder her family is calling & jumping up down, you probably said some not so nice things & threatened her.

That’s why with things like this, you don’t cut corners.

You need to have a meeting with her, her husband & you and your husband. Maybe there’s a compromise somewhere.

Other than that I don’t have an answer for you.

suitablegirl − This doesn't pass the sniff test. I'm in California and my reproductive endo has a huge practice within the gay community,

he's responsible for major network TV star's babies. No agency here will do traditional surrogacy for exactly this reason.

It's ALWAYS a donor egg. Surrogates are at a premium after the pandemic when everyone

(especially queer folks according to my IVF clinic) got broody.

Agencies are fighting over potential surrogates with six figure compensation packages and California has the highest demand for surrogacy.

None of those agencies will do anything but gestational.

This commenter focused on maternal instinct, arguing that no amount of legal paperwork can override the biological and hormonal bond formed during pregnancy

Low-Combination-8363 − This is so sad. The kind of arrangement you did it the riskiest.

Always always always do a donor egg or your own egg. Never ever ever do her egg and your husbands sperm.

I know it’s too late this time. But if there is a next time… All the legal paperwork in the world doesn’t trump the maternal instinct.

It’s the most powerful thing in the world. This why you can’t sign adoption papers after a baby is born.

The instinct is that strong. I understand the intention with which this child was created.

But in her mind and according to every pregnancy hormone this is her baby. No amount of reason, logic or threats will overcome that.

A woman doesn’t know how she will react to that instinct until it is too late

I’m sure she had every intention of honoring the agreement until it was too late.

And frankly these kinds of arrangements take advantage of poor women.

Yes you gave her tons of money. Would you sell your kid for money? For the amount of money you gave her?

See the problem? Be kind to her. Be absolutely kind to her. Don’t fight over the baby. Don’t even mention the baby.

Only show concern about her. How is she feeling? How was her sleep?

If she tries to bring up the baby just say we will worry about all that later. I just want to take care of you right now.

The safer she feels, the more in control she feels the more likely she is to begin making logical decisions again.

This will probably be the hardest thing you have ever done. Burying your feelings but push through.

Continue to chat with your lawyer and such. Different states have different rules. So I can’t comment on that.

Your best bet though is if she willingly gives you the baby. The more she loves and trusts you the more likely it is to happen.

Plus if heaven forbid she maintains custody you will be coparenting with her for 18 plus years.

The better your relationship is the easier it will be to do. I realize never gave a judgment NAH.

This is a painful, awful time for all three of you.

They viewed the surrogate’s reversal as unethical and supported fighting for custody

TheRealMeetMountain − Oh my god. She’s the a__hole for going back on an agreement and even putting you in this situation.

What kind of surrogate? Was it your husbands biologics (semen) that produced that baby?

If so, that baby is absolutely yours (husband’s) and I wouldn’t budge. Take your money and fight legally as much as you can.

If she was scamming an agency and you, I highly doubt she’s a fit parent.

They framed the issue as an ethical one rather than a legal one, stating that forcing a biological mother to surrender her child would be morally wrong

[Reddit User] − It's her biological child. You cannot buy babies for a reason You see her as an object not a human being.

Pajeeta007 − NAH. It's her biological child who she has grown and bonded with. I highly doubt you will win full custody in court.

earthenlily − Given that this isn’t a legal subreddit, I’ll go with my own opinion here,

which is that YWBTA if you forced her to give up her biological child against her will, regardless of what legal agreements you have.

Yes, she signed a contract. But it sounds like you cut corners.

Obviously this is devastating and financially costly, but this is why surrogacy is so controversial.

Using a woman as an incubator and forcibly removing her biological child against her will… in my opinion,

that is horrifying, and will bite you in the ass when your child grows up and wants to know the deal with their mother.

And the child will grow up and want that information. They may never forgive you.

I would try to recoup losses and find another solution because this one will just bring grief & trauma to all involved.

Is enforcing a contract enough when a biological parent can’t let go? Or does compassion require rethinking everything at the last moment? Where would you draw the line in a situation like this? Share your thoughts below.

WHAT DO YOU THINK OF THIS STORY?

WHAT DO YOU THINK OF THIS STORY?

OP Is Not The AH (NTA) 0/0 votes | 0%
OP Is Definitely The AH (YTA) 0/0 votes | 0%
No One Is The AH Here (NAH) 0/0 votes | 0%
Everybody Sucks Here (ESH) 0/0 votes | 0%
Need More INFO (INFO) 0/0 votes | 0%

Layla Bui

Layla Bui

Hi, I’m Layla Bui. I’m a lifestyle and culture writer for Daily Highlight. Living in Los Angeles gives me endless energy and stories to share. I believe words have the power to question the world around us. Through my writing, I explore themes of wellness, belonging, and social pressure, the quiet struggles that shape so many of our lives.

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