Surrogacy – The Fertility Law Firm
Surrogacy 2017-12-01T09:56:12+00:00


In a Gestational Surrogacy arrangement, a surrogate mother carries an embryo, which is the result of a union of the egg and sperm of the biological parents or egg/sperm donors. For surrogacies where the birth will take place in California, at approximately 20 weeks of gestation, the attorney for the Intended Parents files legal documents with the court requesting a judgment stating the Intended Parents are the only legal parents of the child and their names alone should appear on the child’s birth certificate. This is commonly referred to as the “pre-birth order”. For couples or individuals seeking to begin or add to their family through gestational surrogacy where the surrogate will give birth in California, the Fertility Law Firm offers Intended Parents experienced representation, whether the arrangement is independent, or through a surrogacy agency.

Intended Parents should be advised of the various legal issues that arise in gestational surrogacy such as liability, confidentiality, medical expenses and insurance, as well as long-term issues that may arise after a child is born. For international clients, legal issues concerning the immigration process for the child to return to the home country of the Intended Parents. For those who have been matched with a surrogate through a surrogacy agency, there is the added factor of defining the terms of the Intended Parents’ relationship with that entity and the agency’s involvement during the pregnancy. For Intended Parents who have matched independently, there are also issues of proper screening and medical compliance that should be addressed.

An understanding of these risks and the safeguards available to help minimize these risks is what The Fertility Law Firm provides to each of our Intended Parent clients.

For Gestational Surrogates seeking legal counsel, we offer the same zealous representation ensuring that her rights and responsibilities are clearly spelled out in the contract and in the pre-birth order. A number of various legal issues also confront the Gestational Surrogate, such responsibilities regarding uncovered medical funds, choice of medical care during the pregnancy, doctor ordered bed rest and ensuring that the proper amount of funds are securely placed in an attorney client trust account or a bonded and qualified California escrow company to name just a few of the items we educate and counsel our Gestational Surrogate clients on.

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