By far, the most popular state for surrogacy in the United States would have to be California, which passed surrogacy as fully legal back in 2013 and fully supports both traditional and gestational surrogacy. Today, Webmaster, will talk to you about a few topics regarding surrogacy in California:

• Is surrogacy legal in California, USA;
• California Surrogacy Prices in the United States;
• Surrogacy Contracts in California, USA;
• What happens when you use an out-of-state surrogate mother;
• California Surrogacy FAQ.

Is American Surrogacy Legal in California?

California has long been surrogacy-friendly, which means that the law is legal for both the surrogate and the prospective parents and is relatively simple to understand. In California, prospective parents must complete the legal process with the surrogate before surrogacy can begin, which also means that prospective parents establish their paternity before the child is born.

In some other states, the process doesn't begin until after the child is born.

In California, prospective parents and surrogate mothers are required to have their own legal counsel.Expectant parents cannot share an attorney with the surrogate mother, and each attorney represents the legal rights of each party, California's surrogacy law also requires a surrogacy contract, which must be created, signed and notarized prior to embryo transfer.

California does not require couples to be legally married in order to engage in surrogacy, making surrogacy an excellent option for many types of partnerships. Surrogacy is also an option for single parents and same-sex parents.

And with California's relatively more advanced assisted reproductive technologies, it offers many options for surrogacy. As it stands, gestational surrogacy is becoming increasingly popular for obvious reasons. Medical technology in California makes the process possible and relatively safe and effective.

Is traditional surrogacy legal in California?

California surrogacy law does not directly addressTraditional surrogacy.. Since there are no laws related to traditional surrogacy in California, traditional surrogacy is not illegal and is therefore allowed. However, this means that traditional surrogacy is not well regulated and traditional surrogacy always comes with higher legal and emotional risks.

However, California's gestational surrogacy laws are very clear and allow gestational surrogates and prospective parents to easily and legally achieve their surrogacy goals.

Is paid surrogacy legal in California?

Commercial surrogacyIt is legal in California and regulated by the California Surrogacy Act.surrogate motherThey are compensated for the time they invested, the wages they lost, the living expenses they incurred, the medical risks they took, and so on.

California Surrogacy Prices in the United States:

Every family surrogacy situation is different, and the surrogacy process involves a variety of factors that directly affect the final price of surrogacy, in terms of the average surrogacy cost in California.Gestational surrogacy, for example, is typically around $150,000-$200,000.. California relative to other U.S. states.Surrogacy costsIt will be a bit higher, and the California surrogacy cost program, by and large, consists of the following:

• California surrogate mother's medical costs associated with in vitro fertilization (IVF) (average California surrogate mother's income ranges from $45,000 to $60,000)
• Egg Donation Fee/Sperm Donation Fee
• Surrogacy agency fees and attorney's fees
• Background checks, physiological tests and medical examinations for surrogate mothers
• Monthly payments to surrogate mothers
• insurance policy
• Other possible costs

California Surrogacy Contract

The prospective parents and the surrogate mother (and the surrogate's spouse, if applicable) will need to work together to develop and finalize a California surrogacy legal contract before the California surrogacy process can begin. To do this, both parties will need to hire individual attorneys to ensure that both parties are treated fairly throughout the process.

What should be included in a California surrogacy contract?

1. What is the source of gametes?

According to the law, the surrogacy contract must indicate the source of the gametes (eggs and sperm). Thus, if an egg and/or sperm donor is used, this must be stated in the contract with the surrogate; if the prospective parents are a gay male couple, the contract should indicate whether the sperm of one or both of the prospective fathers will be used. However, it is sufficient to state that the eggs or sperm come from an anonymous donor; it is not necessary to provide information on the identity of the donor.

2、What compensation will the surrogate mother receive? What is the amount of compensation?

Typically, surrogate mothers receive "base fees" for surrogacy services (pregnancy during pregnancy), and then additional compensation for carrying multiples (twins or triplets), travel expenses, lost wages, maternity clothes, attorney's fees, breast milk supply, and so on. The compensation clause should be clearly stated in the contract to avoid any confusion or misunderstanding about the costs.

3. Who will hold the funds in trust?

Under California law, surrogacy agencies cannot hold funds.

Surrogate funds must be held by a licensed attorney (who holds the funds in a state-registered legal trust account governed by the rules of the state bar) or a licensed bonded escrow company, which is designed to protect prospective parents and surrogates from the worry of having their funds stolen.

The attorney for the undivided prospective parent will hold the escrow account, but many attorneys will not do so because they believe it presents a conflict of interest. If there is a conflict between the surrogate and the prospective parent regarding payment of fees or expenses, the prospective parent's attorney will need to defend the prospective parent at all times, which may be in conflict with the neutral role of the person holding the funds as a client.

4. Behavioral constraints of intended parents and surrogate mothers

Surrogacy contracts typically outline behavioral constraints for both the intended parents and the surrogate mother, which typically include adherence to all medical recommendations, dietary and travel restrictions during the pregnancy, and more. The contract should also address any issues regarding vaccinations and adherence to public safety protocols.

5. How many embryos will be transferred and what is the plan for selective reduction?

The intended parents and the surrogate need to agree on the response to a multiple pregnancy (twins or triplets). If the intended parents make it clear that they will not selectively reduce the pregnancy unless there are serious medical problems with the babies or continuing the pregnancy would be dangerous to the surrogate, they need to be matched at the very beginning with a surrogate who is willing to carry triplets.

If the intended parents want only a single fetus, the opposite is true and a surrogate who is not willing to carry more than twins needs to be sought. The contract needs to clearly state how many embryos will be transferred per cycle as well as a possible plan to reduce the number of fetuses.

6. Under what circumstances will a surrogate mother terminate her pregnancy?

As with elective abortions, it is critical that prospective parents and surrogate mothers agree on the termination of the pregnancy.

If a fetus is tested for Down syndrome, would the expectant parents want the surrogate mother to terminate the pregnancy? If so, they would need to be matched with a surrogate mother who would be willing to accept this method of termination.

7. How will the surrogate mother's medical expenses be paid?

Under the law that went into effect on January 1, 2015, for a surrogacy contract to be valid, it must be clear how the surrogate mother's medical expenses will be paid and how the initial medical expenses of the baby will be paid.

8. How can it be ensured that the intended parents are recognized as legal parents and that the surrogate is not legally responsible for the child?

California surrogacy law allows for paternity orders to be issued prior to birth, making it relatively easy to confirm the legal parental rights of prospective parents before the baby is born.

A California surrogacy contract must always specify that the intended parents will be the legal parents and the surrogate (and his or her spouse, if any) will not be, and the contract should also specify a plan to ensure that paternity is established in a timely manner and in accordance with the laws of the relevant state.

The medical phase of the surrogacy process can only proceed once everyone has agreed to the contents of the contract and the contract has been finalized.

What happens if you use a surrogate mother from outside of California?

From a legal standpoint, as long as the baby was conceived in California, California courts have the authority to determine the legal paternity of the baby. As long as one of the intended parents or the surrogate mom resides in California or the embryo was transferred in California, then California has jurisdiction.

For gay couples who have children through surrogacy, other U.S. states can be problematic because not all states issue birth certificates that prove the child has two same-sex parents.

So before you finally decide to go to your destination for surrogacy, make sure you find out the local surrogacy policy.

Frequently Asked Questions:

Can a surrogate mother keep her child in California?

No, surrogate mothers cannot keep their babies in California. There are several reasons for this. First, because surrogacy uses the IVF process, the baby is not genetically related to the surrogate mother. Second, the surrogacy contract prevents this.

Is surrogacy legal for everyone in California? Or is it only legal for heterosexual married couples?

In California, surrogacy is an equally viable option for singles and couples, unmarried and married couples, gay and straight couples.

If I enter into a gestational surrogacy agreement naming me as the intended parent, will I be considered a legal parent even if my child is not genetically related to me?

YES. If you enter into a gestational surrogacy agreement that complies with California law and designates you as the intended parent of the child, you are the legal parent regardless of whether the child comes from your egg or sperm. California's position is that impregnating a child through assisted reproduction is a form of procreation, and those who surrogate for the purpose of parenting should be considered legal parents. Therefore, intended parents who engage in gestational surrogacy in California can use donor eggs, donor sperm, or both, and as long as they comply with all surrogacy laws, they are still the legal parents of the child.

We are considering having a child through surrogacy, what is the role of an attorney in this process?

Attorneys play two different roles in the surrogacy process:

(1) The attorney will draft and negotiate a written contract between the prospective parents and the surrogate mother;

(2) The attorney will file a lawsuit to establish that the prospective parents are the child's parents and that the surrogate mother is not the child's parent.

In addition, an attorney experienced in assisted reproduction law can help ensure that you and your surrogate mother are the right people for the job, can help with insurance coverage for the surrogate mother and the child, and can help with any issues that may arise during the pregnancy for both the intended parents and the surrogate mother.

Can one attorney represent both prospective parents and surrogate mothers?

No can do.

Under California law, for a surrogacy contract to be legally binding, the prospective parents and the surrogate mother must each retain independent legal counsel of their choice.