10 Steps to the California Surrogacy Process

How Does Surrogacy Work in California?

In California, the surrogacy process will usually take about a year to complete. Here’s everything you need to know about the California surrogacy process.

The surrogacy process in California can take different forms. Here are 10 steps to the California Surrogacy Process.

Step 1: Decide to commit to surrogacy

The process of surrogacy takes approximately one year to complete. This process necessitates a lot of time and energy, making it a big decision to commit to. There are many different emotional, physical, and legal components involved, regardless of whether an individual is a surrogate or intended parent. Before an intended parent commits to surrogacy, they should ensure that this is the most suitable family building option for their unique situation.

Step 2: Select a surrogacy type

Once one decides to go the surrogacy route, they must think about two types of surrogacy, including:

Traditional Surrogacy

This is the less typically chosen type of surrogacy in California. In this form of surrogacy, the surrogate is also the biological mother of the child. The egg of the surrogate is used with the sperm of the father to create the embryo that will be used for insemination. While this type of surrogacy is legally allowed, it is not recommended because it could have more dire emotional and legal consequences.

Gestational Surrogacy

This type of surrogacy is more often opted for in California. In this type of surrogacy, the egg is not taken from the surrogate but rather from the intended mother. This way the surrogate is not carrying their own biological child. Thus, there are fewer emotional and legal consequences. This form of surrogacy is completely regulated and legal within California. Depending on one’s situation, this could be a more attractive option for family building.

Step 3: Select a surrogacy professional

In most cases, it is useful for surrogates, as well as intended parents, to work with a surrogacy professional. In California, there are two primary types of surrogacy professionals, including:

Surrogacy Agencies

Surrogacy agencies offer necessary services throughout the surrogacy progress. Some of these services include screening, matching, and case management. Further, services may involve counseling as well as referrals for all involved parties.

Surrogacy Attorneys

Surrogacy attorneys are usually not involved in the matching process. However, these attorneys can make referrals to professionals who are able to deliver services that they cannot. Moreover, surrogacy attorneys are useful in providing the legal services required for a California surrogacy.

Step 4: Select a surrogate

When considering surrogacy in California, it is important to note that looking for surrogates or parents from other states is allowed. Oftentimes, the surrogate and intended parents are separated by a long distance and this allows for a healthy relationship to form between the two. There are agencies across California that specialize in matching potential parents and surrogates. These agencies use background checks and screening practices to align potential parents with surrogates who match their criteria. Intended parents can try to find a surrogate on their own, but it is recommended to proceed with caution if doing so, as one may fall prey to potential fraud.

Step 5: Complete the surrogacy in California legal process

Once a good surrogacy match is found, the legal process involved in surrogacy begins. Legal steps must be completed prior to any medical ones. California Family Code § 7960 covers gestational surrogacy in California, thus the process is intended to be simple. In California, pre-birth parentage orders can be obtained without a hearing, making it easy for parentage rights to be established for intended parents.

In California, separate surrogacy attorneys must represent the surrogate mother and the intended parents. This is necessary because it verifies that both parties’ interests are equally advocated for during the surrogacy contract negotiation. This contract must be both written and notarized prior to the beginning of any medical procedures, including fertility treatments. In California, the surrogacy contract must include:

The name of whoever donated the gametes used in the process
The intended parent(s)’ names
The contract’s date of execution
All risks and responsibilities associated with the surrogate and intended parent(s)
Details pertaining to the surrogate compensation
Details relating to expectations for who will be present during surrogacy-related appointments, as well as childbirth
An agreement regarding any sensitive issues, including unique circumstances such as selective reduction
If applicable, the process for parentage orders or pre-birth

Step 6: Go through the surrogacy medical process

Make sure to hire a lawyer to assist throughout the surrogacy process. This can help ensure that the process is done in accordance with California surrogacy laws. Once a contract is drawn up and signed, one can start the surrogacy process.

Contact Her Lawyer to get in touch with an experienced surrogacy attorney suited to your unique situation.

Step 7: Fulfill health requirements

Being a surrogate can be very physically demanding. Thus, fulfilling particular health requirements and passing a screening process is necessary to become a surrogate in California.

Prior to the embryo being transferred, California gestational surrogates must complete an assortment of fertility treatments and hormones. The intended parents will typically select the fertility clinic this will take place in. Embryos are created in labs using in vitro fertilization methods that involve donated eggs and sperm. The fertilized egg is then transferred to the surrogate’s uterus; this step may be repeated until the pregnancy is official.

Step 8: Complete payment process

Once a pregnancy is confirmed, a surrogate can start to collect payment for their services. This is legally allowed in California. Once at this stage, the surrogate can choose their own doctors to aid them throughout the pregnancy. The surrogate and intended parents will stay in throughout the duration of the pregnancy to the extent of a previously agreed-upon arrangement.

Step 9: The birthing process

Intended parents will often travel with surrogates if the match is long-distance. It is imperative for intended parents to support surrogates throughout the surrogacy process. Thus, both parties will usually spend a lot of time together until the birth of the baby takes place.

Step 10: Welcome the baby to the world!

Oftentimes, after the birth of the baby, the parents and the surrogate choose to stay in contact even though the surrogacy has ended. This is not required and is up to the discretion of the parties involved. However, oftentimes by the end of the pregnancy, the surrogate and parents have bonded and chosen some post-surrogacy relationship that makes everyone comfortable and happy. There are resources to turn to if one needs help figuring out how to better manage post-surrogacy relationships.

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If you or a loved one would like to know more about the California surrogacy process, get your free consultation with one of our experienced California Family Law Attorneys today!