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Minimize legal complications when using a surrogate

On Behalf of | Jun 5, 2023 | Fertility Assistance, Surrogacy Law |

Many people in California are interested in adding to their families but cannot for various reasons, including fertility and other health-related reasons. Turning to a surrogate sounds ideal for some couples and individuals to solve their problems. But although the term has become more mainstream, there are some misunderstandings about the process, and there can be legal ramifications that can depend on the type of surrogacy a person chooses.

What are the different types of surrogacy?

Some people might be surprised to learn that there are some types of surrogacies in which the surrogate’s egg is inseminated with the sperm of either an intended parent or a donor sperm. Consequently, the surrogate in this scenario is genetically related to the child that results from this situation, and this can cause some potential legal ramifications if the surrogate decides that she wants to keep the child. It’s even more complicated if donor sperm is used because the intended parents have no genetic claim to the child.

Another type of surrogacy is called gestational surrogacy, and this option is much more common. With this kind of surrogacy, the surrogate’s egg is not used, so she has no genetic ties to the baby from the pregnancy. Typically, the intended parents’ egg and sperm are used, or they might use donated eggs or sperm.

How to discuss surrogacy with children

If you already have children and are considering using a surrogate, you should discuss with your children what you plan to do so they feel comfortable asking questions. Make sure that you start the conversation sooner rather than later, but keep it age-appropriate.

Surrogacy might be a great option when you want to expand your family. Just take some time to learn as much about your options as possible to minimize legal complications.