Orange County Surrogacy Lawyer

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Orange County Surrogacy Attorney

For so many people who wish to have a child but biologically can’t for one reason or another, surrogacy provides a solution. Whether they are same-sex couples or someone who has a medical condition preventing pregnancy, more people are turning to surrogacy. Southern Orange County and California have the most surrogacy-friendly legal framework in the country. Still, that doesn’t necessarily mean that the process is as simplified as one might hope. It can take an experienced surrogacy attorney to help guide you through the parameters of going through surrogacy in Orange County. At Cianci Law, we can help.

Why Do You Need an Orange County Lawyer for Surrogacy?

Pregnancies are incredibly complex. When you add the intricate nature of transfers of parental rights to the situation, it adds another complication to an already delicate process. Also consider the compensation for surrogacy, payment for medical bills, and the expectations for the surrogate. Taken together, all the aspects surrounding the surrogacy process can seem daunting. A surrogacy legal team, like the one at Cianci Law, can take on that complexity and make it simpler for you.

We have experience with surrogacies and understand the kind of intricacies and unforeseen circumstances that need to be addressed in a surrogacy contract. We can help work to get an agreement with representation from all parties involved, including intended parents, surrogates, and any egg, sperm, or embryo donors. Not only does the surrogacy contract need to be thorough and fair, but it can settle any problems in getting parental rights established for the intended parents. This is another process that we are ready to assist you with.

Kinds of Surrogacy

Surrogacy can take on a few different forms, including:

  • Traditional Surrogacy – This is when a surrogate mother carries and births a child with her own egg impregnated with sperm from the intended father or an anonymous donor. The mother carries the baby with the expectation that it will be adopted by the intended parents.
  • Gestational Surrogacy – This is when a surrogate mother agrees to carry an embryo that is not genetically related to her. The embryo may come from the sperm of the intended father with the egg of the intended mother, or an anonymous donor replaces either or both things.
  • Commercial Surrogacy – When the surrogate is to be compensated for the pregnancy, it is a commercial pregnancy. It is important to note that the compensation in these cases is not for the baby. The compensation is given to the mother for their time, medical risk, lost wages, and the general burden of bearing a child.
  • Altruistic Surrogacy – The surrogate receives no compensation for carrying the baby for the intended parents. However, it is typically the case that the intended parents cover the medical expenses, incidental expenses, and provide for compensation for the surrogate’s lost wages.

Qualifications to Be a Surrogate

To be a surrogacy candidate, you will need to:

  • Submit to a background check.
  • Have your partner or husband submit to a background check.
  • Be between 22 and 40.
  • Be a U.S. citizen.
  • Undergo a psychological consultation.
  • Have a healthy reproductive history. This includes having birthed one or more children that you are raising. You must also have had all births without complications and after 36 weeks.
  • Not smoke.
  • Have a healthy weight/height ratio.
  • Be receiving no state or federal financial aid.

If you have any questions about your surrogacy eligibility, please contact us.

The Surrogacy Process

  • If you are interested in becoming a surrogate, do as much research as you can so that you have a full understanding of the expectations involved. You should also speak with a surrogacy lawyer who can help you understand surrogacy in your individual situation.
  • If you wish to continue moving forward with surrogacy, you will need to find intended parents for whom you can be a surrogate. This is something your surrogate lawyer at Cianci Law in Orange County can assist you with.
  • Work with your lawyer, the intended party, and the intended party’s lawyer to develop a surrogacy contract. This must be agreed to before any medical processes start.
  • Begin the fertilization and embryo transfer processes.
  • Follow the terms of the contract throughout the pregnancy.
  • Give birth, and then the intended parents will have their child.

Surrogacy Contract

Before any medical aspect of the surrogacy process can begin, you must first have a surrogacy contract. This contract will clarify the exact nature of the surrogacy from the beginning of the process through the birth. The contract should protect all parties involved. To that end, it’s important that all parties involved have their own representation to make sure that their interests are protected. In general, a surrogacy contract should include:

  • The identity of the surrogate
  • The identity of the intended parents
  • Surrogate compensation
  • “What-if” scenarios
  • Expectations of the surrogate
  • The identity of whom the gametes originated from
  • Process for pre-birth parentage orders

Helping to put together this contract is often a lawyer’s biggest contribution to the surrogacy process. However, it’s important that this contract be done well. Otherwise, you might find the surrogacy process unfolding in ways you never expected.

Pre-Birth Order

You will need to petition the court for a pre-birth order so that the parentage can be approved before the baby’s arrival. This will mean that there will be no delay in having your legal parenting rights. When you get a pre-birth order, it will:

  • Make clear that the intended parents are, legally, the child’s parents.
  • Allow the intended parents to make medical decisions.
  • Resolve insurance coverage problems.
  • Compel the hospital to list the intended parents on the birth certificate.
  • Allow the baby to be discharged with the intended parents.

Let Our Surrogacy Experience Make Yours Easier

With something as important and exciting as the surrogacy process, you don’t want any unneeded stress and anxiety interfering with it. You’ll want to get the most out of the experience without wondering if the contracts are all legally set up properly. Whether you are the intended parents or the surrogate, we can make sure that you can feel comfortable knowing that the legal end of the surrogacy is taken care of correctly. Contact us today if you need help with your surrogacy in Orange County.

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Family Law

Family Law



Stepparent Adoption

Stepparent Adoption

Estate Planning



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