Do you need a California surrogacy lawyer?
Surrogacy laws vary by state. Each state creates its own Family Law, which encompasses parental rights, marriage/divorce, and adoption, among other areas. However, surrogacy arrangements often reach across state lines. Intended parents, surrogates, and the IVF clinic may be located in different states (or even different countries). So, when there are multiple jurisdictions involved, you may not know when you can retain a California surrogacy lawyer to assist you.
California has some of the best surrogacy laws in the world, and has well established surrogacy-related infrastructure, such as IVF Clinics, surrogacy agencies, and experienced surrogacy attorneys. For this reason, intended parents from across the globe want to pursue surrogacy in California.
The advantages of using California surrogacy laws include:
protected rights and expectations of all parties regarding parental rights to the child, since we have statutory law as well as California Supreme Court and Appeal Court precedent;
state constitutional protection for reproductive choices including abortion;
gestational carrier compensation is permitted;
the ability to obtain pre-birth parentage orders;
confidentiality of legal filings;
availability of parentage orders for all family types, including single parents, married or unmarried couples, LGBTQ+ families, and those using donor eggs and/or sperm;
flexibility regarding birth certificates and post-birth judgments for international intended parents with special requirements.
To use a California-based surrogacy contract, there has to be a connection to the state (and the surrogate should reside in the US). That connection could be the residence of at least one party, or the location of the IVF clinic. However, there are many other considerations. In particular, if the surrogate is planning to deliver in another state, then the other state’s law must be taken in account. For these reasons, it is critical that you consult with an experienced surrogacy attorney regarding your specific situation.
We offer complimentary initial consultations, and invite you to contact us to see whether we can assist with your family building journey.
