Surrogacy is a legal and regulated process in California, and it can be a wonderful way for intended parents to build their families. If you are considering surrogacy in California, there are a few things you need to know.
What is Surrogacy?
Surrogacy is a process where a woman (the surrogate) agrees to carry a pregnancy for another couple (the intended parents). The surrogate is not biologically related to the child, and she will not be the child's legal parent after birth.
There are two main types of surrogacy: gestational surrogacy and traditional surrogacy.
- Gestational surrogacyis the most common type of surrogacy in California. In gestational surrogacy, the surrogate's eggs are not used. Instead, the intended parents' eggs and sperm are used to create an embryo in a laboratory. The embryo is then transferred to the surrogate's uterus, where she carries the pregnancy to term.
- Traditional surrogacyis less common than gestational surrogacy. In traditional surrogacy, the surrogate's own eggs are used to create the embryo. The intended father's sperm is used to fertilize the surrogate's eggs. The surrogate then carries the pregnancy to term.
Is Surrogacy Legal in California?
Yes, surrogacy is legal in California. The California Family Code specifically recognizes gestational surrogacy contracts, and it also provides some protections for surrogates and intended parents.
How to Start the Surrogacy Process in California
If you are considering surrogacy in California, the first step is to find a reputable surrogacy agency or lawyer. These professionals can help you understand the surrogacy process and connect you with potential surrogates.
Once you have found a surrogate, you will need to create a surrogacy contract. This contract will outline the terms of the surrogacy arrangement, including the surrogate's compensation, the intended parents' rights and responsibilities, and the legal process for establishing parentage.
The surrogacy contract must be signed by all parties involved, and it must be filed with the court. Once the contract is filed, the surrogate can begin the IVF process.
Cost of Surrogacy in California
The cost of surrogacy in California can vary depending on a number of factors, including the type of surrogacy, the surrogate's medical history, and the intended parents' preferences.
In general, the cost of gestational surrogacy in California ranges from $100,000 to $150,000. The cost of traditional surrogacy is typically higher, and it can range from $150,000 to $200,000.
Surrogacy Laws in California
The California Family Code specifically recognizes gestational surrogacy contracts. These contracts are valid and enforceable, and they provide some protections for surrogates and intended parents.
The California Family Code also provides some protections for surrogates. For example, surrogates cannot be paid more than $10,000 for their services, and they cannot be required to undergo any medical procedures that they do not want to undergo.
Establishing Parentage
Once the child is born, the intended parents will need to establish parentage. This can be done through a pre-birth order or a post-birth order.
A pre-birth order is a court order that establishes the intended parents as the legal parents of the child before they are born. This order can be helpful if the surrogate changes her mind about giving up the child after the birth.
A post-birth order is a court order that establishes the intended parents as the legal parents of the child after they are born. This order is typically issued after the surrogate signs an affidavit of relinquishment.
Conclusion
Surrogacy can be a wonderful way for intended parents to build their families. If you are considering surrogacy in California, there are a few things you need to know. Surrogacy is legal in California, and there are a number of reputable surrogacy agencies and lawyers that can help you through the process. The cost of surrogacy in California can vary, but it is typically between $100,000 and $200,000. The California Family Code provides some protections for surrogates and intended parents, and it also outlines the process for establishing parentage.
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