Surrogacy is an increasingly popular option for individuals and couples who cannot conceive a child on their own. However, it is a complex legal and emotional process that requires careful planning and expert guidance. At Asher Hoffman Law, we’re committed to helping our clients navigate the intricacies of surrogacy and reproductive technology law in California. In this article, we’ll answer the top 10 questions people have about surrogacy to help you make informed decisions.
1. What is surrogacy?
Surrogacy is a process where a woman, known as a surrogate mother, carries a child for another person or couple who cannot conceive on their own. There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother is the biological mother of the child because her own egg is fertilized by the intended father’s sperm or donor sperm. In gestational surrogacy, the surrogate mother carries an embryo created from the intended mother’s or donor’s egg and the intended father’s or donor’s sperm. The child is not biologically related to the surrogate mother.
2. What are the types of surrogacy?
There are two main types of surrogacy: traditional and gestational. In traditional surrogacy, the surrogate mother is also the biological mother of the child, as her eggs are used for conception. Gestational surrogacy, on the other hand, involves the surrogate carrying a child conceived using the intended parents’ eggs and sperm or donated genetic material. Gestational surrogacy is the more common and legally straightforward option
3. How much does surrogacy cost?
The cost of surrogacy can vary significantly depending on factors such as the type of surrogacy, the need for egg or sperm donors, and the individual circumstances of the intended parents and surrogate. Expenses can include medical costs, legal fees, agency fees, and compensation for the surrogate. It’s essential to consult with a knowledgeable attorney to understand the potential costs and create a realistic budget.
4. What are the legal requirements for surrogacy in California?
California is considered one of the most surrogacy-friendly states in the US, with well-established laws supporting both intended parents and surrogates. To ensure a smooth legal process, it’s essential to work with an experienced reproductive technology lawyer. Some legal requirements include drafting and signing a comprehensive surrogacy agreement, obtaining pre-birth or post-birth parentage orders, and meeting specific medical and psychological criteria for surrogates.
5. How do I find a surrogate?
There are several ways to find a surrogate mother, including using a surrogacy agency, working with a fertility clinic, or finding a surrogate independently. Surrogacy agencies provide matching services, screening of surrogates, and other support services throughout the surrogacy process. Fertility clinics often have surrogacy programs and can help match intended parents with surrogates. Some intended parents find a surrogate through family or friends, while others use social media or surrogacy classifieds to find a surrogate. Our law firm has built relationships with very reputable agencies and we would be glad to connect you with an agency that meets all of your needs.
6. What are the emotional and psychological considerations for surrogacy?
Surrogacy can be emotionally and psychologically complex for all parties involved. Intended parents may experience grief and loss related to not being able to carry their own child, while the surrogate mother may experience attachment to the child and grief when the surrogacy is over. It is important for all parties involved to have counseling and support throughout the surrogacy process. Surrogacy contracts often include provisions for counseling and support services.
7. How long does the surrogacy process take?
The surrogacy process can take anywhere from 12 to 24 months, depending on factors such as the time it takes to find a suitable surrogate, the medical procedures involved, and any legal complexities that arise. Working with an experienced reproductive technology lawyer can help ensure that the process moves smoothly and efficiently.
8. What should I consider when choosing a surrogacy agency?
Selecting the right surrogacy agency is a crucial decision for intended parents and surrogates. Some factors to consider include the agency’s reputation, experience, success rates, and the support services they provide. Additionally, it’s essential to understand the fees and expenses associated with working with a particular agency. We have relationships with very reliable agencies and would be glad to connect you with an agency that meets all of your needs.
9. Can same-sex couples or single individuals pursue surrogacy?
Yes, surrogacy is an option for both same-sex couples and single individuals who wish to become parents. California has progressive laws that support LGBTQ+ intended parents and single individuals in their surrogacy journey. It’s essential to work with a reproductive technology lawyer who understands the unique legal and emotional aspects of surrogacy for various family structures.
10. What is the role of a reproductive technology lawyer in the surrogacy process?
A reproductive technology lawyer plays a crucial role in the surrogacy process, providing guidance and support to both intended parents and surrogates. They can help draft and negotiate surrogacy agreements, establish legal parentage, and navigate any legal complexities that may arise during the process. Working with a skilled attorney, like those at Asher Hoffman Law, can help protect your rights and interests throughout the surrogacy journey.
Summary:
- There are two main types of surrogacy: traditional and gestational, with gestational being the more common and legally straightforward option.
- California has well-established surrogacy laws, but working with an experienced reproductive technology lawyer is crucial to ensure a smooth legal process.
- Surrogacy costs can vary significantly, and it’s essential to consult with a knowledgeable attorney to understand potential expenses.
- The surrogacy process can take 12 to 24 months, depending on various factors.
- A reproductive technology lawyer plays a crucial role in guiding and supporting both intended parents and surrogates throughout the surrogacy process.
Conclusion:
Surrogacy can be a life-changing experience for both intended parents and surrogates. At Asher Hoffman Law, we are dedicated to helping you navigate the complexities of surrogacy.
If you have any questions or would like to learn more about surrogacy, please contact us today for a free consultation.