Our Lawyers Are Leaders In Assisted Reproductive Technology Law

Building a family through surrogacy: Your guide to parental rights

On Behalf of | Jun 26, 2024 | Surrogacy Law

Surrogacy continues to be a popular option for many couples wishing to start a family. According to the Centers for Disease Control and Prevention, about 2% of all assisted reproductive technology (ART) cycles in the United States involve a gestational carrier. Surrogacy offers a path to parenthood for those facing biological challenges, same-sex couples and single parents. However, it can be an intricate journey, both emotionally and legally. Grasping the complexities of surrogacy is crucial for every intended parent.

Understanding surrogacy

Through surrogacy, you can build your family with the help of a surrogate mother who carries and delivers your baby. This process can be life-changing for those who cannot conceive naturally. However, the legal aspects surrounding it can be complicated. Different states have diverse approaches to ART laws. Fortunately, California is one of the states with a more progressive and supportive surrogacy law.

Establishing parental rights

One of the most critical aspects of surrogacy is establishing your parental rights. In California, intended parents can secure their parental rights even before the child is born through a pre-birth order. This document makes sure that your names will appear on the baby’s birth certificate, protecting your parental rights from the very start.

However, this is only valid for gestational surrogacy arrangements. Traditional surrogacy arrangements, where the surrogate is genetically related to the child, can be more complex.

The role of surrogacy agreements

Surrogacy agreements are legally binding contracts between intended parents and surrogates. These agreements outline the rights, responsibilities and expectations of all parties. A well-drafted surrogacy agreement helps prevent potential disputes and ensures a smoother surrogacy journey.

The importance of legal guidance

Given the intricacies of surrogacy laws, it is crucial to consult with experienced assisted reproduction attorneys. They can guide you through the legalities, ensuring the proper management of all agreements and the firm establishment of your parental rights.

Surrogacy offers a powerful way to build your family, but it involves crucial legal matters. Embrace this opportunity with informed decisions and the right support, and you will find that your dream of parenthood is within reach.