As surrogacy becomes more common in California, it is increasingly important for intended parents and surrogates to enter into a surrogacy agreement. This legal agreement outlines expectations, rights, and responsibilities of all parties involved in the surrogacy process.
A surrogacy agreement is a legally binding contract between the intended parents and the surrogate. It covers important topics such as compensation, medical expenses, parental rights, and surrogate obligations. It also addresses potential issues that may arise during the surrogacy process, such as termination of the pregnancy, multiple pregnancies, and unforeseen medical circumstances.
In California, it is essential for intended parents and surrogates to hire experienced attorneys who are knowledgeable in surrogacy law to draft and review the surrogacy agreement. The agreement must comply with California surrogacy laws, which are among the most progressive in the country. California allows surrogacy agreements for both traditional and gestational surrogacy. A traditional surrogacy agreement involves using the surrogate’s own eggs, while a gestational surrogacy agreement involves using an egg from the intended mother or an egg donor.
In addition to the legal aspects, a surrogacy agreement can also provide peace of mind for all parties involved. It allows for open communication and transparency throughout the surrogacy process, ensuring that everyone is aware of their rights and responsibilities.
Intended parents should be prepared to provide financial compensation to the surrogate for her time, expenses, and effort in carrying the pregnancy. The surrogacy agreement should outline the terms and amount of compensation, as well as any additional expenses that may arise during the pregnancy, such as medical bills, travel expenses, and lost wages.
The surrogacy agreement should also address the issue of parental rights. In California, the intended parents are presumed to be the legal parents of the child born through surrogacy. However, it is important for all parties to agree on the specific terms of parental rights and responsibilities. This includes issues such as custody, visitation, and decision-making authority.
Ultimately, a surrogacy agreement is a vital document for intended parents and surrogates in California. It protects all parties involved and ensures that the surrogacy process is a positive and rewarding experience for everyone. By working with experienced attorneys and drafting a comprehensive surrogacy agreement, intended parents and surrogates can feel confident and secure throughout the surrogacy journey.