Parents Through Surrogacy

Why do I need a surrogacy legal agreement?

A Surrogacy Agreement drafted by an attorney who practices in this field attempts to cover all the “what ifs” in the process and to address all the issues that California case law has indicated are valid issues.  For example what if the surrogate changes her mind and wants to keep the baby?  What if the intended parents split up while the surrogate is pregnant?  What if the surrogate is pregnant with multiple fetuses?   A well drafted surrogacy agreement will answer all these questions and more and be clear as to each party’s intent. The agreement should not only cover the important details of the arrangement but also establish each party’s legal rights and address their responsibilities too.  

Can I use one I found on the internet or create my own?

We do not recommend this.  A Surrogacy Agreement is more complicated than one may think.  The costs you anticipate saving by preparing the agreement yourself do not out weigh the risks or legal consequences for a poorly drafted agreement.  From our experience the agreements found on the internet are too general in nature. Not only does it lack case law as it pertains to California but most importantly it can not provide enough protection for all involved or detail the specifics of your arrangement.

What if my surrogate is a friend or family member?

Having a friend or family member as your surrogate is a wonderful option however, you still should have a solid agreement in place even if there is no monetary contribution.  Aside from the huge legal issue regarding intent at the time the child is created, I always ask people to step back and think about when they make their best decisions?  Is it when they are in the middle of a crisis, emotional and have little time to think or is it when they can gather information, think about what they are doing and make decisions when they are relaxed.  History with people tells me it is the latter.  In other words, let’s say your surrogate is pregnant, you’ve waited years to have this baby, spent a lot of money, and you find out your surrogate is pregnant with multiples but can only safely carry one.  You find yourself in the position of “what do I do now”? The agreement should already speak to what you decided to do before you got to this point.   It is issues like this as well as any other potential issues that must be addressed in the agreement prior to proceeding with any medical procedure.  This is peace of mind for the surrogate and hopefully for the intended parents.

What is required to ensure I am my child’s legal parent?

So, you have an agreement drafted by a legal professional, you’ve had the transfer, your surrogate is pregnant and you’re a few months away from realizing your dream!  Now what?  Besides the decorating, shopping, baby shower and all around giddiness you feel every day knowing your baby is on the way – you must again return to the legal issues and obtain a judgment of parentage which declares the Intended parent(s) the parent(s) and gives them all legal rights and adjudges that the surrogate and her husband (if any) have no legal rights.  When specific counties allow, this judgment is obtained pre-birth.  There are some situations where your attorney may suggest that one parent needs to “adopt” the child.  When you meet with the attorney you choose to represent you, he/she will advise you on which manner you must proceed.  Legally this is your final step.  Once the judgment is obtained, your attorney will forward a certified copy to the hospital your surrogate will be delivering at (many hospitals are now very familiar with these arrangements and have a specific protocol in place to ensure the transition goes smoothly for everyone) and I always advise keeping an additional copy in your hospital bag and then just wait for the glorious day of your child’s birth.

What other services can an infertility/reproductive attorney provide?
There are a number of services in addition to the legal contract and judgment of parentage an experienced infertility/reproductive lawyer can provide.

• Assistance with locating a Surrogate Mother or Egg Donor
• Surrogate screening (background check, home inspection, employment verification, criminal records search- all states)
• Manage Surrogate Funds- disbursement of compensation and expenses
• Provide Reputable Resources- insurance brokers, financial assistance, infertility specialists, psychologists, infertility agencies
• Legal Services where an arrangement is in dispute or parentage is in question or  undetermined.
• Assistance with providing a network of other legal professionals who are also experienced in this field to provide legal counsel for your surrogate or egg donor.

Prospective Parents-Seeking Surrogate Mothers

A Center for Coastal Conceptions
Surrogacy and Egg Donor Agency
1107 West Chapman Ave., Suite A
Orange, CA 92868
Phone (714) 288-0440 (800) 310-8856
Fax (714) 288-2891 Email info@centerforcoastalconceptions.com
www.centerforcoastalconceptions.com

Helpful Links

ACAL/ACFFL
Academy of California Adoption Lawyers and Academy of California Family Formation Lawyers
www.acal.org 

ASRM
American Society for Reproductive Medicine
www.asrm.org

Surrogate Mother’s Online, LLC.
www.surromomsonline.com

TASC
The American Surrogacy Center, Inc.
www.surrogacy.com

Internet Health Resources
www.ihr.com

RESOLVE
The National Infertility Association
www.resolve.org

RESOLVE Of Greater Los Angeles
www.resolvela.org

SART
Society for Assisted Reproductive Technology
www.sart.org