Surrogacy Lawyer in California

How long does it take for the legal process in surrogacy?

The first step usually takes 1-2 weeks to draft the surrogacy agreement.  After that, we expect to hear back from the gestational carrier's attorney in about a week. Following this, we enter a phase of negotiating and finalizing the agreement, which involves some back-and-forth communication. It's important to note that in some states, documents need to be signed in the presence of a notary public.  This extra step may add some time to the overall process, as coordinating schedules and getting documents notarized can introduce some variability in how long it takes.

When should we be looking for a pre-birth order?

Pre-birth order states require a court to grant an order naming the intended parents as parents prior to the surrogate giving birth. If the surrogate is in a pre-birth order state, the intended parents' attorney typically starts the pre-birth order drafting between 13 and 20 weeks of pregnancy. The pre-birth order can take a couple months to be prepared, reviewed, signed by all parties, and then granted by the court.  You want to have sufficient time for the pre-birth order to be ready in case there is an early birth.

In what situations can California law be used in a surrogacy case?

The parties are free to use California law as a matter of choice of law  in a contract. California courts have jurisdiction to determine legal parentage in surrogacy cases if either the intended parents or the surrogate resides in California. It is also possible to file a parentage action in a county for reasons  such as place of embryo transfer, place of birth, and where the contracts are executed.  Not all states accept a surrogacy parentage order from another state. So consult with a knowledgeable ART attorney about what choice of law is best for your situation.

How do I notarize my surrogacy agreement?

If your contract requires your surrogacy contract to be notarized, here is what you typically need to do. 1. Print the agreement single sided. 2. Initial each page. 3. Bring your government ID to a notary public. Call your bank or local mailbox or copy store to see if they have one. 4. There will be a small fee to notarize. The notary will verify your identity, take your thumb print, watch you sign. 5. Some courts require a notary declaration. The contract may have a page for the notary to sign. If not, you should request an All Purpose Acknowledgement page that the notary sign and stamp. 6. Scan the entire agreement and email it to your lawyer for approval. In some cases you need to mail the agreement. 7. Sometimes you can use a web notary. Check with your attorney if this is ok. An online notary will verify your identity, and provide a notary stamp to your digital signature. 8. Once both sides notarize, you will be legally cleared.

When do I need a lawyer in my surrogacy journey?

For gestational carriers, you will need an independent lawyer before you sign a surrogacy agreement. You will also speak to your lawyer to review any parentage paperwork. For intended parents, your lawyer will usually be needed for drafting the surrogacy agreement. Some intended parents hire a lawyer earlier to review their agreement with an agency or in independent matches for advice on a surrogate match. If you’re an intended parent, seeking us out early will let you take advantage of Seedcoach’s financial coaching.

What happens if the intended parents divorce during a surrogacy journey?

In the event the intended parents divorce or separate and the surrogate is pregnant, the Gestational Surrogacy Agreement will continue as planned. Most agreements will say the custody rights to the child will be resolved by the agreement of intended parents or by a court of competent jurisdiction. The gestational carrier and/or her spouse will not have any parental rights or claim to the child if a separation or divorce occurs between the intended parents.

Who is named on your child’s birth certificate if you do surrogacy as a same-sex couple?

If you're a same-sex couple using surrogacy, both of you can be listed as parents on your child’s birth certificate—whether that means two moms, two dads, or another configuration that reflects your family.

To make that happen, you’ll need to obtain a parentage judgment from the court. This is the legal order that directs the state to officially recognize both of you as parents from birth. Once the judgment is in place, your names appear on the birth certificate right away—without delays or extra legal forms down the line. Keep in mind that the process may vary by state. But with the right legal support, your family will be protected and fully recognized.

Can intended parents force their surrogate to terminate her pregnancy?

No. Intended parents cannot force their surrogate to have an abortion as it is a violation of the surrogate's bodily autonomy. The surrogacy agreement will outline what the parties agree to regarding abortion and fetal reduction. The parties may agree that the surrogate will follow the intended parents' decision regarding abortion under certain circumstances while she maintains the right to preserve her own life and health. If the surrogate breaks the contract, she may liable under the contract, but ultimately the surrogate makes her own bodily decisions. It is important to go over these sections carefully with your lawyer before signing the contract.

Why is surrogate compensation higher in California than in other states?

The biggest reason is the demand for surrogates in California exceeds the supply. Intended parents in California first seek out California surrogates. Intended parents in Asia also seek out California surrogates because of its reputation and its international airports. There are other reasons California may be attractive to intended parents: (1) Well-established law that doesn’t restrict surrogacy situations; (2) Paid pregnancy disability leave for surrogates reduces lost wages; (3) Many intended parents' clinics are in CA; and (4) the courts and Vital Records that are experienced with handling any surrogacy situation.

Should my surrogacy or gamete donation lawyer be located near me?

You do not need to choose your lawyer based on where you live.  Your appointment to review the contract will be by video or by phone call, not in person. You will not need to go to the lawyer’s office to read or sign documents. You can sign our representation agreement electronically, and sometimes the contracts can be signed electronically. For contracts that need an in-person notary, you can go to any notary public to sign.