Biological Father

• In surrogacy cases, there are two potential types of biological fathers: an anonymous sperm donor or one half of the couple arranging for the surrogate pregnancy. An anonymous donor will have signed a waiver of paternal rights at the time the donation was made, and so has no claim to the child. When the biological father is not anonymous, however, he is granted all of the paternal rights that are awarded to the father of a child not born by surrogacy.
  
  

Husband of Biological Mother

• When the intended mother's egg is fertilized with donor sperm, the intended father has no biological claim to the child. In these cases, the legal standing becomes less clear. Many states will required the intended father to adopt the child in a formal court proceeding before awarding him parental rights. However, California courts use the surrogacy agreement, rather than the child's biology, to determine legal paternity. In California, therefore, the intended father automatically receives paternal rights.
  
  

Husband or Partner of Biological Father

• Surrogacy is becoming a more common choice for same-sex couples who want to raise a child, because the child will be genetically related to one half of the couple. Unfortunately, this raises more concerns over paternity rights because many states do not recognize same sex relationships and do not grant the couples the same rights as married mixed sex couples. In January 2011, Connecticut courts ruled that both parents named on a valid surrogacy agreement, regardless of sex, are the legal parents of a child born through surrogacy. This ruling only applies to gestational surrogacy, where the woman who gives birth has no genetic relationship to the baby, and not to traditional surrogacy, which uses the carrier's own eggs.
  
  

Husband of Surrogate Mother

• The rights of the surrogate mother's husband vary by state. In states that legally recognize surrogacy, the husband is not granted any rights because the child is not genetically his and because he is not named on the surrogacy agreement as an intended parent. In states that have not addressed these issues, however, the situation is much more complicated. For example, in Iowa, a child born to a married couple is assumed to belong to the husband, who is automatically given paternal rights unless a paternity test determines he is not the biological father. This assumption has not yet been tested in Iowa state courts in regards to a surrogacy case, so there is no guarantee the intended father would receive parental rights without a drawn-out legal battle.