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Overview of surrogacy and donation agreements

On Behalf of | May 24, 2021 | Uncategorized |

California is regarded as one of the most “surrogacy-friendly” states in the country. With that said, there is some basic information that you need to understand about surrogacy and donation agreements in California.

Basic requirements of a California surrogacy agreement

There are a number of essential, basic elements that must be included in a surrogacy and donation agreement in the state of California:

  • Identification of the intended parent or parents
  • Identification of the person from whom the gametes are to originate
  • Compensation for the surrogate
  • Date the contract was executed between the parties
  • Description of the process for any needed pre-birth or parentage orders
  • Responsibilities and risks of the surrogate and intended parent or parents
  • Agreement on sensitive matters that include selective reduction
  • Delineation of who will be present at prenatal appointments and birth

Relationship between surrogate and intended parents

Beyond the scope of the surrogacy and donation agreement itself, there are practical considerations that bear on the overall process. Some of these considerations are noted in a comprehensive agreement. However, on some level, these matters develop over time.

A prime example is the role, if any, a surrogate may have going forward following the birth of the child. While an agreement may spell out some of the general parameters of that role, in the final analysis, it develops largely by way of the actual relationship that comes to exist between all of the parties.

The creation of a proper surrogacy and donation agreement is a complicated legal task. Thus, legal counsel is highly recommended to ensure that such a contract is comprehensive, properly drafted and legally enforceable. Any misstep in the drafting of this type of agreement can have dire consequences.