Legal Information Regarding Surrogacy and Egg Donation
Provided by
The Law Office of Theresa M. Erickson
Our office represents the Intended Parents who arrange surrogacy and egg donation relationships through Conceptual Options. This relationship includes providing legal counseling, drafting the appropriate contracts, and assisting couples through the establishment of the parental rights of the Intended Parents.
SURROGACY NEWS
Surrogacy & Egg Donation in California
Egg donation
remains a relatively new reproductive procedure that involves the removal of
eggs from a female Donor and the transfer of those eggs into either the Intended
Mother or a Gestational Carrier. Under the current State of California
law, when more than one woman can claim maternity, the intent of the parties at
the time of the agreement will be the determining factor in deciding the legal
maternal status of the Intended Mother.
Essentially, a carefully drafted Agreement will give all parties the confidence
that a child born through egg donation will be free of any legal conflict;
therefore, it is critical that the Egg Donor and her spouse relinquish their
parental rights. This Agreement must be drafted in such a way to ensure that all
parties understand and agree that any child born pursuant to this Agreement is
considered the child of the Intended Parents.
In addition, a carefully drafted Agreement will specify that it is the Egg Donor's intent not to establish any form of parent-child relationship with any child born pursuant to this Agreement, as well as release the Egg Donor from any and all responsibilities regarding the care of the child. The Agreement will also address financial obligations of the Intended Parents, medical and psychological screening and the ownership and use of excess embryos.
Both Gestational and Traditional Surrogacy have provided Intended Parents with another avenue by which to realize their dream of a child, whether through the use of their own genetic material or that of an Egg Donor. Again, in these situations, a carefully drafted contract is absolutely necessary to ensure that all matters involving the surrogacy arrangement are resolved prior to the Surrogate becoming pregnant with the child of the Intended Parents.
Prior to the birth of the child, the Intended Parents are required to file legal documents in the jurisdiction in which their baby is to be born. Once the documents to establish maternity and/or paternity are filed and executed by a California Superior Court judge, custody of the unborn child is awarded to the Intended Parents as soon after the birth as medical considerations will allow. Furthermore, the court also orders the birth hospital to enter the names of the Intended Parents on the original birth certificate. This eliminates the necessity of any adoption proceedings and legally recognizes the relationships that the parties intended.
Historically, traditional surrogacy carried the most risk in California since there was no reassurance that the custody of the child will be awarded to the Intended Parents in the event the Surrogate repudiates the contract and asserts her maternity. However, a recent California Court of Appeal decision has arguably extended the same protections afforded in gestational surrogate arrangements to that of a traditional surrogacy.
Some of the services we provide our clients include counseling Intended Parents, Surrogates and Egg Donors on the state of the law with respect to the method they are utilizing; drafting of contracts between the Intended Parents and their Surrogate and/or Egg Donor; and assisting Intended Parents in finalizing their parental rights.
This guide is not meant to be a substitute for legal advice by one of our attorneys. This is for information purposes only; each case must be assessed individually on a case-by-case basis in order to determine the proper steps you will need to follow.
