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California is one of the most receptive states in the country for folks who want to enter surrogacy agreements, according to Wright, who practices law in Marin County. Court support through case law for surrogacy in California goes back some 20 years, she said.

In California, a pre-birth court order can grant parental rights in-utero, whether or not the intended parents have any biological connection to the embryo. When the birth certificate comes out, theres no mention of surrogacy, Kimborough said.

Many surrogate mothers report that the most rewarding part of the process is handing over the baby to new parents, who often view the surrogate as angelic. Anyone who knows me knows Im not an angel, Kimborough said, laughing. Surrogates feel that they gain. Its not that we give so much.

Emotional business

The business has powerful emotional underpinnings. There is an altruism that is unparalleled, Wright said.

Intended parents usually come into the process from a place of loss, Wright said. Unfortunately, my husband and I struggled with fertility issues over nearly seven years, she said. She had both miscarriage and late-term pregnancy loss. Through in vitro fertilization with her egg and her husbands sperm, they were able to eventually have a son, now age 6. Along the way, they considered both adoption and surrogacy. Infertility is statistically about a third of the time tracked to the woman, a third to the man and a third inexplicable.

Its a difficult, traumatic thing, Wright said of fertility issues. You hope and then you lose, hope and then you lose internal battles. Surrogates come from the other side. Pregnancy has been easy, fun, family-building. They come together this incredible meeting.

Adoption and surrogacy rarely cross paths, Kimborough said. We dont compete with adoption agencies. Most intended parents choose one route or the other. It has to do with who you are as a person. Adoption contains more unknowns, with no biological connection or history on the mother or pregnancy. Adoption through foster care can be invasive, she said.

Some women in heterosexual couples who cannot have children on their own struggle with allowing another woman to be a surrogate.

Can I watch somebody else carry my child, have another woman in my life who can do something I cant do, Kimborough said, and give my husband something I could not give very emotional parts of being a woman insecurity or hurt thats so deep she cant get past it.

State laws vary on surrogacy

The American Society for Reproductive Medicine issued guidelines for gestational carriers in surrogacy, Kimborough said.

In many states, those receiving a child must go through an adoption process after the child is born, Wright said.

California Assembly Bill 1217, which became law in 2013, amended the Family Code to require a surrogate mother and intended parents to be represented by independent counsel before entering an assisted-reproduction agreement for gestational carriers. The law required that such an agreement include certain information and be notarized or witnessed. Parties to a surrogacy arrangement cannot undergo an embryo transfer or injectable medication for assisted reproduction until such an agreement has been properly executed.

Traditional surrogacy agreements, where the surrogate is the source of the egg, may be structured as pre-planned adoption agreements. Gestational surrogacy, such as the pregnancy of Gamble, is not allowed in some states but is common in California.

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California law supports surrogacy for gay and straight couples with fertility issues - North Bay Business Journal

This entry was posted on August 29, 2017 at 2:44 am and is filed under Legal Issues Genetic Medicine. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. |