A Gist on Surrogacy:
Surrogacy means that a woman carries a baby or babies in her womb until birth, through in-vitro fertilization, for another person(s) who wants to become parents but unable to get pregnant due to underlying medical conditions.
There are generally two types of surrogates: A traditional surrogate or a gestational surrogate. A traditional surrogate is genetically related to the child she carries because her eggs are used for conceiving, whereas, a gestational surrogate act as simply a carrier of the child formed by the genetic material of the actual parents who will legally raise the child after birth.
Surrogacy laws for Surrogate mother:
If you are willing to become a surrogate or a parent, it is imperative to know the legal aspects of surrogacy. In the USA, there is no enforced federal law that governs the surrogacy process. This means that rules may vary from state to state and even from county to county within the state. Each state has different aspects to handle surrogacy. The law is favorable to where the surrogate mother lives and it doesn’t matter the location of the parents.
Surrogacy is legal in most of the US states in which California is considered one of the most surrogate-friendly states. This is because, California has defined clear written laws to protect the rights of all parties involved – the surrogate mother, intended parents, if any donors involved and the baby born through surrogacy. Also, all kind of surrogacy methods such as gestational, traditional and commercial surrogacy is legal in California except that traditional surrogacy does not have well-regulated laws.
The process of becoming a surrogate mother California is favored by the following benefits:
• Unlike most states, in California, the parents-to-be can claim their parental rights before the child is born without waiting for the complete adoption process. This can be done by submitting a pre-birth order to the court.
• It is legal if the intended parents looking for surrogacy, need not be married to avail themselves the parental rights.
• In California, even LGBT couples can legally become parents through the surrogacy process.
The assembly bill AB1217 of California is well defined to explain the surrogacy and this could be a base for other states. It is an act to amend Section 7960 of, to amend the heading of Part 7 (commencing with Section 7960) of Division 12 of, and to add Section 7962 to, the Family Code, relating to surrogacy agreements. The Surrogate mother California law “California Family Code Law Sections 7960 – 7962 (2013)“ outlines the rules and regulations for surrogacy proceedings. Part 7 of these codes explain the laws on surrogacy and donor facilitation, assisted reproduction agreements for gestational carriers, and oocyte donations.
It requires that:
Both the surrogate mother and the parents-to-be should have separate legal counsel representatives to draft a contract for the surrogacy process. They should not share the same lawyer; in this way the process will be smooth and fair for both parties.
As per law, the contract must have: The date of execution of the surrogacy, the details of the intended parents, surrogate mother, egg/sperm donors if any other than the parents and the surrogate. It should also mention if pre-birth order is required.
The attorneys will work together to address including but not limited to the following:
o The risks involved in the process
o The responsibilities of both the parties
o Compensation of the surrogate
o Agreements on things to be done during birth, during unforeseen issues.
o Emergency contacts, etc.
The contract should be signed and duly attested by a notary before starting the process i.e., even before any medication or embryo transfer takes place. The surrogacy procedure will begin after the contract is reviewed and signed by the involved parties.
Even though pre-birth order (parental rights before childbirth) is permitted in California without the requirement of hearing, there is an exception to it. If the surrogate mother delivers in a state where surrogacy is legal but pre-birth order is not permitted, then the intended parents have to complete the adoption in California after the child’s birth. Pre-birth order rules are explained in the California family code section 7633.
Agency that abides by the Surrogacy Law:
There are many surrogacy agencies out there, but Made in the USA Surrogacy is unique because they know well about all the above laws in California and other states and they guide you through a smooth surrogacy journey and make your family complete.