Helping Build Families Since 2012

Considering Surrogacy? Here’s What To Know.

The surrogacy journey is a rewarding one. Helping a family realize their dream of having a child may be one of the most meaningful things you ever do.

The surrogacy process can be complicated, and it’s important not to face it alone. At Fertility & Surrogacy Legal Group, APC, our surrogacy attorneys serve as supportive advocates for our surrogate clients. If you are becoming a gestational surrogate, we invite you to work with us, starting with a free consultation. We are here to make sure your surrogacy journey is worry-free (on the legal end of things, of course).

Helping You Understand The Process

Our firm offers legal services for the full gamut of surrogacy arrangements. Our principal attorney has spent several years creating and maintaining our vast nationwide network of reproduction law attorneys, ensuring that our agreements are always in full compliance with the laws of your state of residence.

What we do:

  • Draft or provide legal review of surrogate agreements (for both traditional and gestational surrogacies)
  • Negotiate and advocate on your behalf with the intended parent’s attorney
  • Notarization services
  • Work with your surrogacy agency every step of the way, keeping them up to date on the legal process
  • Drafting and sending legal clearance letters to surrogacy agencies and physicians

Your role as a surrogate is very special. Let us support you in feeling safe secure, and properly compensated as you make someone’s dream come true!

We steadfastly customize and negotiate each agreement for our surrogate clients and their families, protecting health and privacy and clearly delineating your legal rights and obligations.

What Is Surrogacy?

Surrogacy is an arrangement where someone other than the intended mother carries and gives birth to the baby. There are two types of surrogacies:

  • In gestational surrogacy, the surrogate is implanted with an embryo conceived through in vitro fertilization (IVF). The surrogate has no biological connections to the child.
  • In traditional surrogacy, the surrogate uses her eggs and is thus biologically related to the child, though she is not the intended parent. Traditional surrogates undergo intrauterine insemination (IUI) to conceive the child with the sperm of the intended father or sperm donor.

Surrogacy is a wonderful way for people to have a child when they wouldn’t otherwise be able to.

What Are The Requirements To Be An Eligible Surrogate?

The eligibility requirements vary depending on the agency. Generally, however, a surrogate must be:

  • Within a certain age range (typically 21-40)
  • Healthy physically and mentally
  • Willing to accept the physical, legal and emotional risks of surrogacy

Surrogates must have carried at least one previous pregnancy to term. Additionally, they must reside in a state where surrogacy is legal.

Understanding California’s Surrogacy Laws

California is perhaps the most surrogacy-friendly state in the U.S. The California Family Code recognizes surrogacy and establishes a framework for surrogacy arrangements that protect the rights of both the surrogate and the intended parents. It requires both the surrogate and the intended parents to have legal representation, which further protects their rights and interests. It also sets parameters for surrogacy contracts.

Other states have their own laws regarding surrogacy. Our lawyers handle surrogacies in every U.S. state where it’s legal.

The Benefits Of Hiring An Experienced Surrogacy Lawyer As A Surrogate

As a potential surrogate, you have an important road ahead of you. Getting legal representation is the first step toward progressing on that journey with a knowledgeable advocate as your guide. A lawyer can help you negotiate favorable surrogacy terms, ensure that the surrogacy contract is rock-solid and build in protections for you. Additionally, they can ensure that you fully understand your rights, role and responsibilities.

Call Today To Schedule A Consultation

The more information you have, the better. To schedule a consultation, call our office in San Diego at 619-329-4411 or fill out our contact form online.