Frequently Asked Questions
Surrogacy is a legal arrangement in which a woman carries a pregnancy and gives birth to a child on behalf of intended parents who are unable to conceive or carry a pregnancy themselves.
There are two types of surrogacy: traditional surrogacy, where the surrogate’s own egg is used, and gestational surrogacy, where the embryo is created using the intended parents’ or donor gametes and implanted into the surrogate’s uterus.
Yes, surrogacy is legal in California. The state has well-established laws and favorable court decisions that support and protect the rights of intended parents and surrogates.
Surrogates in California can be found through surrogacy agencies, matching services, or by connecting with independent surrogates. It is essential to work with a reputable agency or have legal guidance to ensure a reliable and legally compliant match.
Intended parents must meet certain legal requirements, such as being of legal age, mentally competent, and, if applicable, married or in a legally recognized relationship. Surrogates must also meet specific criteria, including age, health, and prior successful pregnancies.
Surrogacy agreements are drafted by experienced surrogacy attorneys who consider the unique circumstances and preferences of the intended parents and surrogates. These agreements are reviewed to ensure legal compliance, protect the rights of all parties involved, and address potential contingencies.
A surrogacy agreement covers various aspects, such as the rights and obligations of the intended parents and surrogate, compensation, medical procedures, confidentiality, and the establishment of legal parentage.
The cost of surrogacy in California varies depending on various factors, including agency fees, legal fees, medical expenses, compensation for the surrogate, and any additional services or procedures required. It is important to consult with a surrogacy attorney or agency to understand the specific costs involved.
A surrogacy attorney plays a critical role in guiding intended parents and surrogates through the legal aspects of the surrogacy process. They draft and review contracts, provide legal advice and representation, ensure compliance with surrogacy laws, and assist in confirming legal parentage.
Legal parentage in California is typically confirmed through a court process. The intended parents file a petition with the court, and after reviewing the case, the judge issues a court order recognizing the intended parents as the legal parents. This court order can then be used to obtain a new birth certificate.
Intended parents have the rights and responsibilities associated with legal parenthood, including decision-making authority, custody, and visitation rights. They also have the responsibility to provide for the child’s well-being, financial support, and emotional care.
When choosing a surrogacy attorney, consider their experience and expertise in surrogacy law, their track record of successful cases, their approach to client communication, and their commitment to protecting the interests of intended parents and surrogates.
No, California does not have residency requirements for intended parents pursuing surrogacy. Intended parents from other states or countries can engage in surrogacy arrangements in California.
Absolutely. California is known for its inclusive surrogacy laws, allowing same-sex couples and single individuals to pursue surrogacy and establish legal parentage.
Surrogates undergo thorough medical and psychological screenings to ensure their physical and mental well-being. These screenings typically involve assessments of their overall health, reproductive history, and psychological readiness for the surrogacy journey.
Yes, intended parents can be actively involved in the surrogate’s prenatal care. They can attend doctor’s appointments, ultrasounds, and other medical visits, depending on the arrangements made with the surrogate and medical professionals involved.
Surrogacy agreements in California are legally binding, and the surrogate does not have parental rights over the child. However, unforeseen circumstances can arise. In such cases, legal guidance and the terms outlined in the surrogacy agreement help resolve any disputes or issues that may arise.
Generally, there are no restrictions on the types of individuals or couples who can pursue surrogacy in California. As long as the intended parents meet the legal requirements, they can explore surrogacy as an option to build their families.
Health insurance coverage for surrogacy varies and depends on the specific insurance policies involved. It is essential to carefully review insurance policies and consult with a surrogacy attorney to determine coverage options for the surrogacy journey.
Yes, international intended parents can pursue surrogacy in California. However, additional legal considerations may apply, such as immigration laws and procedures for bringing the child back to their home country. Consulting with an experienced surrogacy attorney is crucial for navigating these complexities.
Yes, California surrogacy laws provide legal protections for surrogates, ensuring their rights and well-being throughout the surrogacy process. These laws include the surrogate’s right to independent legal representation and safeguards against exploitation.
The duration of the surrogacy process can vary depending on various factors, including finding a suitable surrogate, completing legal procedures, and achieving a successful pregnancy. On average, the surrogacy process can take around 12 to 18 months from the initial steps to the birth of the child.