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What to know about surrogacy

On Behalf of | Feb 27, 2020 | Family Law

If you are unable to conceive a child on your own, it may be possible to ask a surrogate to do so for you. When the baby is born, the biological father becomes the child’s legal parent while the father’s partner can apply to adopt the child.

Why a person might consider a surrogate

There are several reasons why a person might want to ask someone else to give birth to their child. For example, an individual may not be able to get pregnant or want to go through a pregnancy on their own. Couples who are in same-sex relationships may have another person give birth to a biological child instead of adopting.

The different types of surrogacy

In a traditional surrogacy arrangement, the father’s sperm is used to fertilize the surrogate mother’s embryo. In a gestational surrogacy, the father’s sperm is used to fertilize his partner’s embryo. The fertilized embryo is then implanted into the surrogate mother. It is important to note that this option is usually more expensive and more complex. However, it does mean that the baby is biologically similar to his or her parents.

Be sure to have a written surrogacy agreement

There is a chance that the woman who gives birth to your baby will want to keep it. With a written contract, there is less chance that she will actually be able to do so. Ideally, you will have an attorney help craft the agreement or review it before it goes into effect. The state of California generally recognizes valid surrogacy contracts under the Uniform Parentage Act. Generally speaking, these contracts are valid regardless of the gender or sexual orientation of the parties to that agreement.

If you are struggling to have kids, you may decide that surrogacy is an option worth considering. Legal counsel may be able to help protect your rights before the surrogate gets pregnant as well as before and after the baby is born.

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