Your Legal Rights as a Surrogate in California

Surrogacy is an incredible act that allows individuals and couples to have a chance to experience the joy of having their own child. It plays an essential role in this process by carrying an embryo for someone else who struggles to give birth themselves.  While surrogacy is a milestone experience,  it is also important for them to understand their own legal rights. and obligations before embarking on this life-changing journey. Just like the rest of the states, California surrogacy laws have their own rules and regulations. Here at  KAASS LAW, we understand the complexities and commit to guiding potential surrogates to help with any legal protection. Whether you’re currently a surrogate or would like to become one, the following will help you better understand your legal rights. 

How Does It Work?

This method of reproduction is where a woman, the surrogate, agrees to carry and deliver a child for the intended parents. There are two primary types:

1. Traditional Surrogacy: The biological mother of the child, as her egg is fertilized by the donor father’s sperm. This type of surrogacy is rare and is typically more legally challenging due to the surrogate’s biological connection to the child.
2. Gestational Surrogacy: Being the most common, the surrogate carries a child conceived through in vitro fertilization (IVF). However,  the child is not biologically related to her. The embryo is created using the egg and sperm of the intended parents or a donor.

In California, gestational surrogacy is the most common and legally preferred form of surrogacy. The state has a progressive legal framework that recognizes agreements as enforceable and offers better protections to all parties.

Legal Rights of Surrogates in California

California is one of the most surrogacy-friendly states in the U.S., offering clear laws to protect the surrogate and the intended parents. Below are key legal rights and considerations for potential surrogates in California.

1. Legal Protection Through Surrogacy Contracts

Before a surrogate becomes pregnant, it is essential to have a legally binding agreement in place. This contract would outline responsibilities, expectations, and compensation for both parties. The contract must have a signature by all parties, including the surrogate, the intended parents, and their attorneys, respectfully.

California law requires that the surrogate and the intended parents each have independent legal representation to ensure that the surrogacy agreement is fair and that the rights of all parties are protected. The agreement typically covers:

• Compensation: The financial terms, including base compensation, medical expenses, and any additional benefits.
• Expectations: The surrogate’s responsibilities, lifestyle choices, and medical care preferences.
• Responsibilities: The intended parents are usually recognized as the legal parents of the child, even before birth.

Surrogacy and Parental Rights

In California, intended parties are granted parental rights prior to the birth of the child. That’s if a surrogacy agreement is in final completion. This is one of the key benefits of California’s surrogacy laws. Normally, pre-birth orders issued by a court establish the intended parents as the legal parents of the child. This order allows the intended parents’ names to be listed on the child’s birth certificate, ensuring that they have full legal rights over the child after birth.

Surrogates, under California law, generally do not have parental rights over the child, especially in gestational surrogacy arrangements where they are not biologically related to the child.

Financial Compensation and Benefits for Surrogates

California law allows surrogates to receive compensation for their time, effort, and medical expenses incurred during the pregnancy. This compensation can vary depending on the complexity of the surrogacy arrangement and the surrogate’s experience. In addition to base compensation, surrogates may have coverage to cover costs related to medical care, travel, maternity clothing, and other pregnancy-related expenses.

Surrogates can also receive benefits such as:

• Health insurance: Ensuring coverage for any medical costs associated with the pregnancy and delivery.
• Life insurance: Some surrogacy contracts include life insurance policies for the surrogate in case of complications during pregnancy.
• Psychological and emotional support: Many agencies and surrogacy contracts provide counseling or mental health support to surrogates throughout the process.

Privacy and Confidentiality

Surrogates in California are have the privacy throughout the surrogacy process. The surrogate’s identity is generally confidential, especially in cases where anonymity is a concern for the intended parents. The contract can also include provisions related to maintaining confidentiality about medical details, personal lives, and other private matters.

Incentives for Becoming a Surrogate in California

Surrogacy is a significant and rewarding commitment. For many women, becoming a surrogate provides an opportunity to help others build their families. In addition to the financial compensation, there are several incentives that make becoming a surrogate in California an attractive option:

• Emotional fulfillment: Many surrogates find the experience of helping others create a family to be deeply rewarding.
• Generous compensation: California surrogates receive well compensation, with some offering $30,000 to $50,000 or more.
• Legal protection: California’s supportive surrogacy laws ensure that surrogates’ legal rights and protection.

Conclusion: Your Rights as a Surrogate in California

Surrogacy in California offers legal protections and financial incentives for women who wish to help others create families. By understanding your legal rights and having the right support from a law firm like KAASS LAW, you can embark on your surrogacy journey with confidence, knowing that your interests are protected every step of the way. If something tragic occurs on this matter, such as a wrongful death while pregnant, we can also legally assist and represent as well. Please contact us for any further assistance or consultation.