Surrogacy Attorneys in Roseville
Representing Surrogates & Intended Parents in the Sacramento Area
Families can grow in many ways. Some individuals and couples choose in vitro fertilization or utilize other cutting-edge methods to achieve pregnancy. Regardless of your situation, you can rely on skilled legal counsel from the surrogacy lawyers at Cecil Cianci Law, PC.
Our attorneys represent individuals, couples, birth mothers, sperm donors, egg donors, and a wide array of other clients in California. We provide assistance in drafting surrogacy agreements, enforcing surrogacy contracts, becoming a gestational surrogate, and drafting pre-birth orders. Whether you are a gestational carrier or an intended parent, we have the skill you need.
Why Retain a Surrogacy Lawyer?
Some people shy away from hiring a lawyer for a surrogacy matter, assuming that they can simply come to an agreement on their own. This is particularly common if the surrogate, biological mother, or donor is a relative or close friend. However, attempting to navigate the surrogacy process without a surrogacy attorney is a mistake. Having representation by counsel is actually required under the California family code in order to have a valid agreement.
Here are a few of the many reasons to retain one of our surrogacy attorneys:
- We provide knowledge and guidance. We can clearly explain what to expect when it comes to expenses, timeframes, legal requirements in California, and other important issues.
- We handle paperwork and contract drafting. Adding a child to your family is not a simple matter. The necessary paperwork and documentation are very complex. In addition, surrogacy involves negotiating a legal agreement with the surrogate mother, the egg or sperm donor, or other parties. This contract must fully safeguard your rights, otherwise you risk losing too much. Our lawyers can help you draft a secure legal agreement.
- We can help you with dispute resolution and advocacy. When children are involved, emotions often run high. It is easy for conflicts to arise, either before, during, or after the pregnancy. Our attorneys can be your dedicated advocates, standing up for you and your best interests.
Is Surrogacy Legal in California?
Yes, commercial surrogacy is legal in California and is highly regulated by CA law. It's a popular way to grow a family and the trend continues to grow in other states across the nation.
Reasons to Consider Surrogacy
There are numerous reasons for getting a surrogate mother to carry and deliver your child, including:
- From the very beginning, the fetus is legally yours.
- You are able to go to all medical appointments.
- Your relationship with the surrogate mother can be as open as you wish.
- It’s a great process for people who are concerned about handling every tiny detail.
- The odds are good of producing a happy, healthy baby.
- You can overcome the hurdles of infertility and still have a baby.
- Same-sex couples can produce biological offspring and grow their family.
- The surrogacy process has very few surprises since there is a legally binding contract signed beforehand.
Who Can Be a Surrogate in California
In order to be eligible as a surrogacy candidate, you need to:
- Be willing to undergo a psychological consultation.
- Be willing to submit to a background check (partner/husband needs to, too).
- Be willing to undergo intramuscular and subcutaneous injections.
- Not be receiving federal or state financial aid.
- Have had all your births at 36+ weeks gestation or later (unless it was a multiple pregnancy) without any significant complications.
- Have a healthy reproductive history, having birthed at least one child that you are raising.
- Be within a healthy weight and height ratio.
- Be a non-smoker in excellent health.
- Be a U.S. citizen.
- Be between 22 and 40 years old.
The Surrogacy Process
The surrogacy process is as follows:
- Determine if surrogacy is the right choice for you. There are many benefits of becoming a surrogate or having a surrogate carry your child, but the process also has its own challenges. Consult with an experienced surrogacy attorney in Roseville to learn more about your specific situation and if surrogacy is right for you.
- Prepare for the surrogacy process. There are two types of surrogacy you will need to consider: Traditional and gestational. Also, there are two types of surrogacy professionals that can complete your surrogacy: Surrogacy attorneys and surrogacy agencies. You should learn as much as possible about the surrogacy process and how you can make it as efficient and easy as possible.
- Find a match. One of the most important and exciting stages of the surrogacy process is finding the right intended parents or surrogacy mother. Your surrogacy professional can assist you in this matter, ensuring you are matched with the party that is right for you.
- Fulfill the legal requirements. The surrogacy becomes official once a legal contract is drafted and signed by both the surrogacy mother and the intended parents. A skilled attorney can review the contract and ensure your rights and best interests are fully protected.
- Start the process of fertilization and embryo transfer. This part of the process will probably be handled by a fertilization clinic that both the surrogate mother and intended parents agree upon.
- Welcome the new baby! For obvious reasons, this is the most exciting and rewarding part of the process for all parties involved.
The Legal Process for Surrogacy in California
Surrogacy is a big decision –financially and emotionally. It also has many legal implications, so both parties (the intended family and the surrogate mother) will need proper legal guidance to ensure their best interests are protected throughout the legal process.
Here are a few things to keep in mind about the California surrogacy legal process and what you should include in your contract:
- You will need to complete a contract before any fertility-related medical steps are taken.
- You will need a pre-birth order to establish parentage before the child is born.
- The contract should include the names of the intended parents and the surrogate.
- Your surrogacy contract should also delineate from whom the gametes will originate.
- The intended parents and surrogate should retain separate legal representation.
- The contract should also address compensation for the surrogate.