Having a family is something you may have dreamed of all your life. When things do not work out the way you planned, it can be quite upsetting. Luckily, modern medicine has brought us many ways in which to get the family we want through nontraditional means. If you decide to use a surrogate in California, then you first need to brush up on surrogacy law.
The state has some strict guidelines in place to protect you and the surrogate. The law makes sure the transaction is fair while also realizing the amount of human emotion involved. Plus, it does not forget that at the heart of this situation is a baby, a brand-new life, that requires some stability. The law works to ensure that happens and that there is little to no room for issues once you enter the surrogacy contract.
- The agreement must be in writing
California Legislative Information explains that your surrogacy agreement must contain the stated identity of the parents of the child, including where the gametes came from, and the date of the agreement. If you use an anonymous donor, you do not have to include the donor’s identity.
- You cannot begin any procedure before the agreement
This is a sticking point of the legislation. It is essential that your surrogate not start any medical treatments or undergo any related procedure for the surrogacy until she signs the surrogacy agreement. You have to have this agreement legally enacted before you start to get all the protections offered.
- Everyone needs their own attorney
The law states that you and the surrogate must have separate legal representation; you cannot use the same lawyer. It helps to ensure you both understand the agreement and the details of the agreement you are about to sign.
Hiring a surrogate is not an easy decision, and the process can be stressful. To avoid issues, you need to make sure you understand the related law and get your surrogacy agreement in place.