Surrogacy agreements are put in place when a woman carries a baby for the parents who intend to raise the child as their own. The two types of surrogacy and donation agreements are traditional surrogacy and gestational surrogacy. Gestational surrogacy involves IVF while traditional surrogacy involves artificial insemination. If you’re a California resident interested in surrogacy, here are some important things to keep in mind.
The legalities of surrogacy
Surrogacy and donation agreements are governed by state law in the U.S., so different states will deal with surrogacy differently. It’s important to know the laws that are in effect in the state where the baby will be born. Some states don’t have any laws pertaining to surrogacy and donation agreements, and other states allow the intended parents to cover some of the expenses for surrogacy. In some state, only gestational surrogacy is allowed. Make sure you’re familiar with the laws in your area so that you’ll know how to proceed.
Questions for your surrogate and your attorney
If you’re interested in surrogacy and donation agreements, there are some important issues you should discuss with your attorney and your selected surrogate. For instance, you need to make sure you come to an agreement about compensation. You’ll likely have to pay more if the surrogate has to undergo invasive medical procedures, requires bed rest after giving birth or gives birth to multiple babies at once.
Talk to your lawyer and surrogate about who will decide the number of embryos that are transferred to the surrogate, and make sure that all parties are in agreement when it comes to selective reduction or abortion should the issue arise during the surrogate’s pregnancy. It’s also very important that you discuss how involved you will be in the surrogate’s pregnancy and whether you will be able to attend doctor’s visits. When you address all these issues in advance, it should give you peace of mind as the pregnancy proceeds.
