Whether you are a woman who is considering becoming a surrogate or parents-to-be looking to start a family using surrogacy, California has some of the most progressive surrogacy laws in the United States so many people choose to enter into surrogacy contracts in the state. If you are one of them, you need a San Diego surrogacy lawyer to protect your interests.
Contreras Law Firm represents intended parents and surrogates throughout the surrogacy relationship, working with you to draft contacts, obtain pre-birth orders establishing parentage, and more. We know the law inside and out, and we would be honored to help you build your family or to help you make someone else’s dreams of a family come true.
To find out more about the legal assistance our San Diego family law firm can offer, give us a call today at (619) 238-0616. We know compassion and sensitivity are of the utmost importance during these life-changing moments and we can provide both the legal knowledge and caring representation you deserve.
Why Trust Contreras Law Firm?
Contreras Law Firm has represented many clients who have chosen California for their surrogacy journey. We believe that our legal team is best positioned to provide the legal advice and support you need because:
- We represent all parties involved including egg and embryo donors, surrogates or gestational carriers, sperm doors, and intended parents.
- We have experience representing clients from throughout the United States and international clients who have chosen California because of its surrogate-friendly laws.
- We represent people forming families in all types of ways, whether you are a same-sex couple, a single parent, or a heterosexual couple
- We understand that surrogacy is often a part of a long journey toward building a family and we provide compassionate representation with a focus on finding cost-effective solutions that provide the best outcomes for all parties
Surrogacy rules have evolved and changed over the years, and our firm has kept abreast of new regulations that protect the rights of all parties. With our extensive experience and commitment to responsible legal advocacy, you can trust that you will be protected and informed throughout your journey.
California’s Jurisdiction Over the Surrogacy Process
California has jurisdiction over the surrogacy process when either the surrogate or the intended parents live in California or if the baby will be born in California.
Location for the Implantation
The intended parents and the surrogate can enter into a contract in California even if the implantation occurs in another state or even another country. Given San Diego’s proximity to Mexico, many families decide to have implantation done outside of the United States, but proceed with the legal process in California.
Starting the Legal Process for Surrogacy
Once you have decided that surrogacy is right for your family, the legal process should be started immediately. Although a contract can be drafted between the intended parents and surrogate after insemination takes place, it is best to enter into the legal agreement before any medical procedures begin.
The Role of a San Diego Surrogacy Attorney in the Surrogacy Process
In California, both the surrogate and the future parents will need an independent attorney to review and negotiate the terms of the surrogacy contract. This means that the same surrogacy attorney cannot represent both the intended parents and the surrogate.
The Surrogacy Contract
Having a legal surrogacy contract between the intended parents and surrogate assures that all of the details regarding the pregnancy, compensation and birth are clearly determined and agreed upon. A proper surrogacy contract also facilitates the court process in obtaining a judgment either prior to or after the child’s birth. Further, the contract can be presented to the hospital, ensuring that the appropriate birthing plan is carried out without additional stress.
Surrogacy Contract Terms
A surrogacy contract identifies the parties, the intent of each of the parties regarding parental rights and the financial responsibility for the surrogate during pregnancy and the child after birth, as well as the laws in California regarding surrogacy.
Filing Documents With the Court
Once the surrogacy contract is signed by both parties, Contreras Law Firm will ensure that the proper court proceedings are initiated and the appropriate documents are filed. Unlike many firms, Contreras Law Firm is well-versed and experienced in both the requirements for drafting the contract as well as initiating and concluding the court process. Our clients only need one San Diego surrogacy attorney throughout the process. The result will be a judgment making the intended parents the legal parents of the child and relinquishing all rights of the surrogate.
Pre-birth Judgment
In California, a judgment making the intended parents the legal parents of the child can be entered by the judge prior to the birth of the baby. This allows the intended parents to be in the room during the birth and to make decisions regarding the child after birth. It also allows the intended parents’ names to be entered on the child’s birth certificate.
How Can a San Diego Surrogacy Attorney Help You?
At Contreras Law Firm, we provide assistance from day one when you are considering becoming a surrogate, donating eggs, or conceiving a child through surrogacy.
California law requires that both parties to surrogacy agreements have legal representation and with good reason. We want to be the firm that helps you when entering into such an important contractual arrangement. Here are some of the many ways in which our legal team can assist you:
- Explain the rules set forth in California Code, Family Code – FAM § 7960 that govern assisted reproductive agreements.
- Work with you to negotiate the terms of your surrogacy arrangement, including all financial details as well as important details such as how to address medical issues that could arise during the pregnancy
- Draft a surrogacy agreement that is fully enforceable under California law and that clearly outlines the terms of your personalized arrangement.
- Hold a trust account to ensure appropriate compensation for the surrogate.
- Filing paperwork to establish parentage of the child prior to birth if you are the intended parent
- Helping surrogates to ensure paperwork is filed prior to birth so they are not listed as the child’s parents
- Representing international clients with an understanding of U.S. surrogacy regulations
From day one, we will look out for your interests and work hard to protect you and the future child that will result from your surrogacy arrangement. Give us a call today at (619) 238-0616 to schedule a free consultation and learn more.