When Californians want to have a child through surrogacy, there will be a litany of questions about the process. Using a surrogate is increasingly common. It can benefit everyone involved provided they understand what they are agreeing to and stick to the terms of the contract. Still, people might not be fully aware of the legal requirements to avoid challenges and disputes.
There are financial, medical and personal components with assisted reproduction and surrogacy. Since surrogacy can be emotional, it is imperative that a contract is crafted and is understood and protective of both the prospective parents and the surrogate. Knowing the law is a first step. It is also vital to have a comprehensive understanding of everything the law covers in these complicated circumstances.
A properly executed contract can protect everyone
In the contract, the basic information will be provided. That includes the date it was executed and the identity of the parent or parents. Financial matters are key in these cases, so the contract will state how the prospective parents will pay for the medical expenses of the carrier and the newborn.
Some use health care coverage to pay for it. If they do, then the policy provisions will need to be assessed with warnings about the potential for liability to the person carrying the child. The sides must be represented by separate legal professionals before the contract is executed.
Prior to birth, the prospective parents can have an action to establish a parent-child relationship based on the reproductive agreement. This will be done in the county where the child is expected to be born. There must be a filing in court so the relationship is legally established. All parties will sign the notarized agreement.
Prepare for surrogacy with a valid contract
The surrogacy contract is a legal agreement that is in place to protect everyone and make sure there are no complications at any juncture in the process. In the past, there were high-profile court cases in which surrogates and parents disagreed over parenthood. A contract is designed to prevent that. It also helps with financial and medical considerations.
Before moving forward, understanding surrogacy law is essential. This is beneficial to the parent or parents who plan to raise the child and the surrogate. Before taking this step, it is wise to know how a contract will provide protection in every way.
