Although surrogacy has become much more common in recent years, it remains a somewhat controversial issue, which is why in some US states still denied this process. The surrogacy laws of this country can be quite complicated, therefore, for those who intend to use this procedure to have a child, it is important to understand exactly how the state of residence deals with such laws.
California is one of the few states to accept surrogacy agreements, and although California does not have a statute that directly addresses the subrogation process, state courts have used California’s uniform paternity law for the purpose of interpreting a series of different cases relating to this procedure.
California allows for commercial subrogation as well as regularly enforces contracts regarding maternity gestational surrogacy. In addition, the state makes it possible for all parents-regardless of marital status and / or sexual orientation-to establish legal rights as parents before the birth of their child, without the need to go through adoption procedures. In a situation of gestational surrogacy, the surrogate is not the biological contributor to the egg, but rather the embryo carrier that is composed of the expected sperm from the father and the egg of the intended mother, and then implanted into the uterus of the surrogate by in vitro fertilization.
For most people, surrogacy is still considered a taboo subject, in a study by Dr. Heather Jacobson of the University of Texas, it is mentioned that surrogacy is often misinterpreted by others as well as by one’s own industry. “Many people find it difficult to understand why someone wants to beget a baby by a stranger,” said Jacobson; whose interest in subrogation stems it from her studies of family formation. “In my study, I found that most surrogate mothers loved being part of this process. They were interested in helping others to have a child, and they enjoyed the pregnancy.” In this study, surrogate mothers were between the ages of 25 and 45 at the time of the interviews, and all were paid, from $ 15,000 to $ 35,000. Most of the women were married, financially stable and all had their own children. In addition, Dr. Jacobson pointed out that most of the surrogate mothers were not housewives, as many assume, they work on what it is called “care professions” like nursing, teaching, social service or social work. Finally she said: “I found it interesting that surrogate mothers are reluctant to think of this as a job because they are involved in a large amount of workforce to be able to help people who desperately want a child”.
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