If you’ve had trouble conceiving a child in California, you could still have a biological child through the process of surrogacy. With surrogacy, another woman agrees to carry the pregnancy to term in exchange for payment. To prevent any legal issues, you’ll have to sign a surrogacy agreement beforehand.
What does a surrogacy agreement include?
Surrogacy agreements are legally binding contracts that prevent either party from challenging the surrogacy or backing out whenever they want. A surrogacy attorney may help you write such an agreement. Your contract will include the names of the biological parents, the names of the people who will raise the child and the date that you signed the contract.
The contract makes it clear that surrogacy comes with a certain level of risk. When the surrogate signs the contract, they’re agreeing to carry and give birth to your child. If you’re paying your surrogate, you’ll have to include this information in the agreement. You’ll also want the contract to cover other issues like going to appointments, staying in touch with the surrogate and possibly terminating the pregnancy in extreme situations.
Finally, the contract officially gives you parental rights over the child. The contract also terminates the surrogate’s parental rights. You’ll become the child’s parent as if you had carried the pregnancy yourself.
Should you hire an attorney?
Surrogacy is a sensitive topic with a lot of potential challenges. It’s best to work with an attorney from the beginning so that you have professional backing if any legal challenges arise later. Your attorney may help you resolve issues and retain your parental rights. Your attorney might also tell you about the different types of surrogacy and help you find a surrogate if you don’t have one already.
