Not everyone is lucky enough to conceive naturally, and adoption may not be enough to fulfill their wishes. IVF can work for some people, but if the woman cannot carry a child, then a third person needs to step in and help. This person is called a surrogate, and they will bear the child for them. It will not be part of them in any way. The couple will provide the egg and sperm, and if they cannot, yet another person or people will be involved and provide for them.
Although California is probably the best place to be when it comes to legislation in this matter, you need to research. Before starting, it will be best to find out everything you need to know about Surrogate California laws in California. The law requires the involvement of a wide range of professionals, both medical and legal. To ensure fairness for both parties, there must be different attorneys. If the agreement is not right from the start, there can be problems.
Understanding the laws
It has been legal to be a surrogate and hire a surrogate’s services since 2013 in California. It was accepted that this was a fair way for people to begin a family. There are two types of surrogacy traditional and gestational, with gestational covered by the law. Here the surrogate does not provide the egg, so has no biological link to the child.
In some states, they are extremely strict regarding allowing people to hire surrogates. In California, it is possible to be a parent this way if you are a member of the LGBTQ community. It is also legal for a single person to become a parent through surrogacy.
Starting the process- the contract
First, the contract will need to be agreed. This will involve all people taking part – prospective parents, surrogate, and her partner if there is one. Once this has been done, the medical checks can begin. There are a couple of things that must be in the contract, and this is
• The date of execution of the contract
• The people who provide the gametes
• The full identity of the people wishing to become parents
• The system to follow in case there is a pre-birth or parentage order required
There will also need to a wide range of other things included. There will be risks that have to be considered. Certain things cannot be controlled with this sort of pregnancy. What if there is more than one child born, will there be meetings with the surrogate during the nine months of pregnancy? It will even need to be agreed if the prospective parents can attend any of the medical examinations and check-ups required.
In California, you can have a pre-birth parentage order. There is no need for a hearing to put this in place. This is the part that gives the parents a clear understanding of their rights before the child is born.
Despite California making things so easy, there are areas where there must be special care taken. There are times when there does have to be an adoption. This is when the parents are not married, and the birth takes place outside California and somewhere that does not recognize parentage orders or pre-birth orders. Once this is done, it will establish them as legal parents.
You can be sure that you are aware of Surrogate California process and surrogate laws in California. It would be best to use an agency, Made in the USA Surrogacy, to help you in all areas. They can advise you of areas of concern and work with many well-trained and experienced professionals.