Surrogacy Law

Surrogacy Lawyer in San Fernando

Protecting Clients in Gestational Surrogacy

When couples want to have a child but are unable to conceive or carry a child to term themselves, they have the option of hiring a gestational surrogate. Surrogate mothers allow parents to have a child who is every bit their biological and legal child, while bypassing the difficulties or health risks of pregnancy. However, the process of gestational surrogacy can be complex, which is why you may need a Los Angeles surrogacy attorney.

According to the California Family Code, an arrangement between a surrogate and the intended parents must be put in writing through a gestational agreement. The gestational agreement must include information about how the intended parents will provide for the medical costs of the gestational carrier, among other concerns. In addition, the intended parents and surrogate must each be represented by a licensed surrogacy attorney.

Other health concerns arise as a result of a gestational agreement. The American Society for Reproductive Medicine recommends that both the surrogate mother and the intended parents should undergo therapy and psychosocial education prior to and during the process. This will also help each party manage their expectations and remain respectful of each other's rights and desires.

Why Hire an Attorney for the Surrogacy Process?

Lawyers are trained in protecting the interests of their clients through the law, and surrogacy lawyers are no exception. In a gestational agreement, both the surrogate and the intended parents have rights that should be addressed in their contract, from health rights to fair compensation.

For example, a surrogate has the right to demand medical care while she is carrying the baby. On the other hand, the intended parents have the right to establish the parent-child relationship prior to the child's birth, and are always considered the legal parents of the unborn child.

Utilizing someone else's body for a long period, as in a surrogate agreement, comes with a long list of concerns. The rights a person has regarding their own body and health are sacred and ancient. Gestational agreement attorneys have the ability to ensure their clients are protected from mistreatment, regardless of intent.

For more information about surrogacy and gestational agreement lawyers, contact Cutter & Lax.

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** The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.