Helping Build Families Since 2012

Some facts about surrogacy in California

On Behalf of | Dec 28, 2021 | Uncategorized |

When you are interested in building a family in California but find it a challenge, you can always turn to surrogacy. However, people often find the whole process very complicated, perhaps even daunting, making them fear or avoid it altogether. If you have been contemplating this particular subject, here are some facts you need to know about surrogacy.

What is surrogacy?

Surrogacy is the process where a woman (strange or known to you) carries and delivers a baby for you. Depending on how the surrogate mother becomes pregnant, you can classify surrogacy into two categories. They include:

  • Gestational surrogacy
  • Traditional surrogacy

In gestational pregnancy, as the intended mother or father, you will provide your sperm or egg or use a donor’s, which the doctor will use to create an embryo and then transfer it to the surrogate mother’s womb. In other words, the surrogate mother only provides their womb for your child to grow in.

Contrarily, in traditional surrogacy, the surrogate mother provides both the egg and womb. The doctor will then inseminate the sperm from the father to fertilize the egg.

Surrogacy laws in California

If you are going through with surrogacy in California, the law requires you to sign an agreement with the intended surrogate mother detailing the rights and responsibilities of each party. The agreement must clearly state that you will retain physical and legal custody of the child as the intended parents. In addition, it must show the compensation, expenses, and how you intend to communicate or visit with the surrogate mother.

The judge must notarize this agreement before you proceed with the process. You will also work out the medications and procedures the surrogate mother has to go through until they safely deliver your baby.

Many couples fear getting into surrogacy because there are cases where conflict arises between the surrogate mother and the intended parents, where she decides she wants to keep the baby. But, since the law requires you to establish custody before you even start the process, you retain all the legal rights to your child. You also can’t change your mind later on that you are not prepared for the baby.