Surrogacy may be a viable alternative if you can’t get pregnant yourself and don’t want to adopt or foster a child. Surrogates may choose to give birth in a California hospital or anywhere else a surrogacy or gestational carrier agreement is recognized. Although a surrogate or gestational carrier may play a role in a child’s life after giving birth, you will be the baby’s legal parent.
Issues to consider
The first decision that you’ll need to make is whether you want a traditional or gestational surrogacy. A gestational surrogacy involves implanting one parent’s egg that is fertilized with the other parent’s sperm into the carrier. Opting for a traditional surrogacy means that you may not be related genetically to your child. You will also need to consider whether to pay your surrogate as well as talk to various surrogates to determine who is best suited to meet your needs.
Communication is key
Ideally, the hospital where the baby is born will know that the woman giving birth is not the child’s legal parent. This may prevent the wrong person from being listed on the birth certificate. Prior to the baby’s birth, it’s generally a good idea to meet the surrogate or gestational carrier to discuss all aspects of a surrogacy agreement.
Ideally, you will spend time scrutinizing the terms of a surrogacy agreement before you sign it. Reviewing the contract may help to ensure that you are able to obtain legal rights to your child in a timely manner. It can also help to ensure that the child is able to grow up in a loving home as opposed to being a pawn in a protracted legal battle.