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The risks of surrogacy you need to know about in California

by Fertility & Surrogacy Legal Group, APC | Nov 23, 2022 | Surrogacy Law

Committing to carrying someone else’s baby in California is the noblest gesture one can do. However, it is important to note that surrogacy is not risk-free. So before you take on this journey, it may be quite helpful to understand the potential dangers involved in order to make an informed decision about whether you are willing to become a surrogate.

Understanding surrogacy in California

Surrogacy is a reproduction process in which a woman carries and delivers a baby for another person or couple, otherwise known as the intended parents. In California, surrogacy is legal and considered one of the most successful methods of achieving pregnancy for many couples who cannot do so on their own.

If you decide to take on this role, you’ll have to sign a legally binding contract with the intended parents to make sure that everyone is on the same page regarding expectations and responsibilities. This will also protect you in case of any legal issues, as well as provide compensation for your services.

Legal risks of surrogacy

As earlier stated, surrogacy is a contract between you and the intended parents, so if you do anything that jeopardizes that agreement either through misinterpretation or violation, the court may hold you liable for any damages inflicted on the other party. You may have to pay the intended parents back if they already paid you the agreed-upon fee, or they may sue you if your actions caused them any financial loss.

Medical risks of surrogacy

Surrogates may face medical complications such as preeclampsia, gestational diabetes, and placental abruption – all of which could lead to premature birth and other potential health problems for both the surrogate and the baby. In addition, using fertility drugs and hormones during the surrogacy process can increase the risk of complications.

Emotional risks

You may feel an array of emotions, such as guilt, sadness, anxiety or depression, during and after being a surrogate. This happens because, even if you are not genetically related to the baby, or planning to parent, you still may feel a strong bond with the baby and can be emotionally affected when the intended parents take custody.

Surrogacy is a beautiful but challenging experience that requires careful consideration beforehand. However, if the pros outweigh the cons for you or if you can distinctively deal with the risks, then it may be worth considering.