Do Surrogates Have Parental Rights in California?
Whether surrogate mothers have parental rights in California will depend on the type of surrogacy that was performed, the validity of the surrogacy agreement, and where the agreement takes place. In California, the law distinguishes between two types of surrogacy: “traditional” and “gestational.”
- Traditional surrogacy: the person carrying the pregnancy is also the biological mother of the baby. Typically, the mother conceived the baby via artificial insemination with the intended father’s sperm fertilizing her own egg.
- Gestational surrogacy: the person carrying the pregnancy is not the biological mother of the baby. An embryo was created with invitro and then implanted into the surrogate.
A gestational surrogate in California will not automatically manifest the same parental rights that manifest to a mother naturally carrying her own child. California law recognizes a difference between genetic material in a pregnancy separately from who carries that pregnancy. Accordingly, when a surrogate’s genetic material is not used, that gestational carrier would not automatically have parental rights.
What is a Legal Surrogacy Agreement?
A surrogacy agreement is a binding, legal contract between the surrogate carrier of the baby and the baby’s intended parents. The surrogacy agreement will set out the obligations and expectations of both parties. So long as a surrogacy agreement is executed in accordance with applicable California law it will be legal and legally enforceable. The medical process and procedures necessary for a legally valid surrogacy cannot legally begin in California until there is a validly executed surrogacy agreement in place.
For a surrogacy agreement to be legally valid, both parties to the agreement need to be represented by legal counsel.
Each surrogacy agreement must contain the following:
- Date of execution
- The identity of the persons whose DNA created the embryo
- The identities of the intended parents
- The process for any required pre-birth or parentage orders
The surrogacy agreement should also contain additional important information, such as the rights and risks taken by each party, details of compensation, agreements on potential difficult issues, such as termination of the pregnancy.
Contact Cardwell Steigerwald Young, LLP
Surrogacy, and/or other issues concerning parental rights, are complex and sensitive family law issues that should absolutely be guided by expert legal advice. To discuss any of your own family law issues or concerns, contact the experienced San Francisco family law attorneys at Cardwell Steigerwald Young, LLP.
Source:
wral.com/video/california-couple-falls-victim-to-surrogacy-scam-fbi-investigating/21527515/
