Dana Point Surrogacy Lawyer

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Dana Point Surrogacy Attorney

The opportunity that surrogacy offers for intended parents is an exciting potentiality that is vitally important to be handled properly from a legal perspective. A Dana Point surrogacy lawyer can be critical to ensuring that any difficulties or concerns are handled appropriately during your surrogacy journey, whether you are a prospective parent or a gestational carrier candidate.

We have extensive experience working with intended parents, gestational carriers, and the full scope of surrogacy legal issues here at Cianci Law, PC, and our team includes Certified Family Law Specialists. Wherever you are in the surrogacy journey, we are prepared to help you address the legal concerns involved with the process.

Dana Point Surrogacy Lawyer

What a Dana Point Surrogacy Lawyer Does

A Dana Point surrogacy lawyer can represent the interests of either the gestational carrier or the intended parents in the surrogacy journey. There are complex legal aspects involved in ensuring that the expectations of all parties involved in the process are met and that there are effective, appropriate protections for all parties involved. A surrogacy lawyer or legal team, like Cianci Law, PC, is crucial to see that this is handled in a way that meets the law and should hold up when challenged.

One of the most important legal aspects of a surrogacy journey is the surrogacy contract. Helping put together a contract that aligns with the interests of all parties, fits within the legal parameters, and will stand up to scrutiny before the courts is the responsibility of the surrogacy lawyers involved. This contract sets expectations for the surrogacy journey and clarifies responsibilities. Some of the components of a surrogacy contract include:

  • Identification of the intended parents
  • Identification of the gestational carrier
  • Identification of the source of the gametes
  • What is expected of the gestational carrier
  • The compensation that the gestational carrier will receive
  • How some possible “What-if” scenarios will be addressed
  • Plans for pre-birth parentage orders

Commercial Surrogacy vs. Altruistic Surrogacy

There is not just a single form of surrogacy, but rather a couple of arrangements that you could be involved with. It is crucial to have a quality contract that aligns with the surrogacy journey you will be undertaking in Dana Point, CA.

  • Commercial Surrogacy – Under this form of surrogacy, there is compensation for the pregnancy. This compensation is for the risk involved in carrying the baby, the time, any lost wages if it was necessary to miss work, and the general burden of childbearing; however, the compensation is not for the baby.
  • Altruistic Surrogacy – In this case, there is no compensation for the burdens of pregnancy that are taken on in a surrogacy journey. However, it is still standard that in these situations, the medical costs associated with the pregnancy, possibly lost wages, and any incidental expenses will still be paid by the intended parents.


Q: What Is Included in a Surrogacy Contract?

A: Included in a surrogacy contract is a roadmap and overview of the surrogacy journey and what is going to be expected from all the parties involved. This means that while there are some elements which are routinely involved in any surrogacy contract, there will be some variance to address the unique issues and concerns in a particular surrogacy.

Working with an experienced Dana Point surrogacy lawyer, as you find at Cianci Law, PC, is essential to ensuring you have a comprehensive contract. They may be able to identify concerns that you didn’t know that you had.

Q: What Is a Pre-Birth Order?

A: A pre-birth order is something that will need to be petitioned for before the baby arrives. There are a few different issues addressed in these orders. However, they are primarily intended to ensure that the intended parents are able to step into the role of the parents as soon as the baby is born. This includes the ability to make medical decisions for the baby and the baby being discharged to them.

Q: What Qualifies Someone to Be a Gestational Carrier?

A: Qualifications to be a gestational carrier are thorough. There are strict expectations that must be met, including U.S. citizenship, submission to a background check for yourself and your partner or spouse, and being between 22 and 40 years old. You will also need to be receiving no state or federal aid and undergo a psychological consultation. Health will also be a factor, including your weight-to-height ratio, being a non-smoker, and a healthy reproductive history, including a previous delivery and no births with complications or born before 36 weeks.

Q: How Should I Decide on a Dana Point Surrogacy Lawyer?

A: When deciding on a Dana Point surrogacy lawyer, you will want to look for a few different characteristics. On the one hand, you want to make sure that you have someone with a strong foundation of legal knowledge and extensive experience with these issues. Additionally, you want to make sure that you are working with someone that you trust. These are important issues, and you need to have full confidence in whoever is representing you.

Creative Family Solutions – Compassionate and Experienced Dana Point Surrogacy Lawyers

Surrogacy is an incredible opportunity for some people to start or expand their family. However, there is an important, though challenging, legal aspect to the issue. The laws regarding surrogacy are relatively new, and there can be new regulations and interpretations that can impact the journey. That’s why those involved in a surrogacy journey, whether intended parents or gestational carriers need a lawyer who is well-versed in the latest legal aspects of the process.

At Cianci Law, PC our attorneys have a thorough understanding of all the legal aspects of surrogacy. Our team includes Certified Family Law Specialists, which means you can count on help from those with an expert-level of understanding regarding family law, including surrogacy. We work with both intended parents and gestational carriers, so wherever you are in the surrogacy journey, contact our team to ensure that the legal details are managed properly.


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