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What can you expect from a surrogacy agreement?

On Behalf of | Jul 21, 2022 | Surrogacy Law |

More couples in California than you might think deal with infertility issues. Sometimes, one partner is affected, but the problem might lie with both. Surrogacy is a good option for such couples to start families. It’s important to know what to expect with a surrogacy agreement.

Why is California a good place for surrogacy?

California surrogacy agreements acknowledge that the intended parents are, in fact, the parents of a child born through surrogacy. The difference between traditional surrogacy and gestational carriers are outlined in the contract. Whether you use a traditional surrogate, whose egg is used to conceive the child, or a gestational carrier who shares no DNA with the baby, the agreement stresses that the surrogate has no legal parental claim.

What is included in a surrogacy agreement?

Surrogacy agreements in California must be agreed to and notarized before a surrogate begins taking medication for the upcoming procedure, whether that involves in vitro fertilization (IVF) or intrauterine insemination (IUI).

The agreement must include the date when the agreement was made, the names of the intended parents, the individuals who are donating sperm or egg or both and plans for anything that must take place before the birth.

If the surrogate is someone the intended parents found from an agency, compensation is also listed on the surrogacy agreement. Also included are the responsibilities and risks of all involved parties, an agreement on matters such as pregnancy termination or selective reduction and a plan for who is allowed to be present during prenatal appointments and the birth of the baby.

After the surrogacy agreement is complete, all the medical aspects of surrogacy can begin to take place.

Many people find gestational surrogacy arrangements highly rewarding and well worth it for having a child.