The Legal Aspects of Surrogacy in California

by | Feb 4, 2015 | Surrogacy

Surrogacy is where a woman carries another woman’s child in her womb with the intention of giving up the child after birth. There are two types of surrogacy and the first type is the gestational surrogacy. For this type, the surrogate will only carry the unborn child as it is not her egg to be used in the conception. The fertilization process occurs outside the surrogate’s body through IVF. The eggs used for conception are either from the parent who commissions the surrogacy or a donor’s egg is used.


The second type is the traditional surrogacy. This occurs when the surrogate mother is both the vessel and donor of the egg. It is only the sperm that is ejected into the woman’s body. Fertilization will most likely occur inside the body of the surrogate woman. You can get a woman who is willing to participate in Surrogacy in California.


There are different reasons that would propel one to look for this kind of relationship. For example, there are women who cannot carry a pregnancy to term and in other cases, a woman feels like not carrying the pregnancy for personal reasons.


Before you think of going in this line, you should consider the legal aspects that are involved. California is one of the states that allows this kind of relationships. Before settling on going for surrogacy there should be a mutual agreement between the surrogate mother and the commissioning parent. It will be better if this agreement is done in writing to ensure that the rights of both parties are protected.


In cases of Surrogacy in California, the law allows commercial surrogacy and even reinforces such contracts. The parents are protected in law and granted parental rights regardless of their sexual orientation prior to the birth of the child. This means that the commissioning parent will not be required to go through an adoption process.


Note that finding a surrogate mother can be a challenge because the commissioning parent has the interests of their child at heart. You can get surrogate mother through the local agencies and you can also get one by agreeing with one of those close to you. What a commissioning parent should do is to ensure that there is a written agreement in this regard.

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