In case of gestational surrogacy, the surrogate mother has no genetic relation with the child. So, when the intended parents fulfill their contractual obligations they can take the baby and the surrogate will have no legal right on the baby. Surrogate mother is paid for these services and the agreement is signed before the commencement of the treatment.
Legally not. I had consulted my lawyer and surrogacy doctor and both of them mentioned that the surrogate mother does not have any legal right on the baby after his birth. Surrogate mother needs to agree to the legal formalities mentioned in the contract. We moved ahead with the procedure only after we clarified all our doubts.