San Clemente Surrogacy Lawyer

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San Clemente Surrogacy Attorney

Surrogacy enables parents who are unable to conceive a child to have their own biological child, which can be an incredible joy for many couples. The process can, unfortunately be complicated, even with the transparent and surrogacy-friendly laws present in the state. If you are considering the surrogacy process, it is important that you obtain the guidance and legal support of a San Clemente surrogacy lawyer.

When you work with an attorney, you can protect your rights as a surrogate parent or intended parent. It can also make the process go more smoothly. Same-sex couples, single parents, and couples unable to conceive children may be able to experience parenthood through surrogacy with the help of a skilled family law attorney.

San Clemente Surrogacy Lawyer

Work With Qualified Surrogacy Attorneys in San Clemente

The journey of surrogacy can be complex and stressful, but it can be made easier when all involved parties are effectively represented. This can help create an enforceable surrogacy agreement that protects all parties’ rights and treats all parents with the respect and care they deserve.

It is required in California that you are represented by a surrogacy attorney, and it’s essential that you hire an attorney with the proper experience and understanding of these complex laws. If unexpected circumstances arise, you want to know that your attorney can effectively navigate them.

The skilled and compassionate team at Cianci Law, PC, has many years of experience in family law cases, including surrogacy journeys, adoptions, and other cases involving parental rights. We understand the unique complications of different types of surrogacy. Our law firm knows how to effectively draft a surrogacy agreement that protects the rights and interests of intended parents and surrogate parents. We know that this is an important journey for all parties involved, so we work to help our clients navigate it with confidence.

Understanding Surrogacy

Surrogacy occurs when an individual carries a child for another individual or couple. There are two ways a surrogate parent can carry a child:

  1. Traditional Surrogacy: This occurs when a surrogate parent carries a child for the intended parents, using a sperm donation and their own egg. In this situation, the surrogate parent has a biological link to the child.
  2. Gestational Carrier Surrogacy: This form of surrogacy occurs when the surrogate parent carries an embryo that comes from an egg and a sperm donation, typically by the intended parents or anonymous donors. The surrogate parent does not have a genetic connection to the baby. This form of surrogacy is more common and contains fewer risks for all involved parties.

In California, surrogacy is allowed to be commercial or altruistic. Both forms of surrogacy tend to have the intended parents cover medical costs and similar necessary expenses for the surrogate parent. A commercial surrogacy further compensates the surrogate parent for their time, lost income, the physical and emotional needs of carrying and giving birth to a child, and other risks and needs.

Why Do I Need a Surrogacy Attorney in San Clemente?

California law requires that a surrogate parent and the intended parents be represented by separate legal support. Although it is required in San Clemente, it is also very beneficial to the rights and interests of all parties. It is also important that parties take care when choosing a surrogacy attorney. The right attorney can make a big difference in your case.

One of the most important things an attorney does is protect your rights during the creation of the surrogacy agreement. This is a contract that must follow contract laws and be legally enforceable. An attorney knows these basic requirements and the more in-depth requirements of the surrogacy journey.

A surrogacy agreement should include important determinations before the process begins, such as compensation, the risks that each party is taking and their responsibilities, and the involvement of all parents during pregnancy and after birth. Experienced attorneys can help parties consider and reach an agreement for these and other needs.


Q: Can a Surrogate Keep the Baby in California?

A: In a traditional surrogacy, where the birth parent has biological ties to the child, many intended parents worry that the surrogate parent will decide to keep the baby. In California, surrogacy contracts that are legally valid are upheld, meaning that a surrogate cannot keep the child. In the state, intended parents can also obtain pre-birth parental rights once a surrogate has confirmed pregnancy, which would mean that the parents have rights to the baby as soon as it is born. This avoids the need for adoption proceedings.

Q: Is California a Surrogacy-Friendly State?

A: California is generally considered a surrogacy-friendly state, as it upholds a legally enforceable surrogacy contract, enables intended parents to establish parental rights pre-birth, and works to protect both intended parents and surrogacy parental rights.

It is still important for both parties to work with an experienced surrogacy attorney throughout this process, however, to ensure that you understand your rights as intended parents and as a surrogate. Although state laws help create a clearer process, misunderstandings can result in unenforceable contracts.

Q: Does a Surrogate Mother Go on the Birth Certificate in California?

A: When a surrogacy is a traditional surrogacy, and the birth parent has a genetic link to the child, the birth parent’s name may be on the initial birth certificate. However, in California, because intended parents can request parental rights pre-birth, this will result in the names of the intended parents on the birth certificate and not the surrogate parent. Pre-birth orders are typically requested during the second trimester, once pregnancy has been confirmed, and it can then be approved by the court.

Q: Can You Sue If Your Surrogate Wants to Keep the Baby?

A: Under a legally valid surrogacy contract, a surrogate parent can’t decide to keep a child. Intended parents with pre-birth ordered parental rights have parental rights to the child. It is a breach of contract for a surrogate parent to keep the child, and the court would uphold the decisions made in the surrogacy contract. If a surrogate parent wants to keep the baby, they must get the intended parents to give up their parental rights. A breach of contract action may enable parents to file a claim.

Creative Family Solutions in San Clemente

The team at Cianci Law, PC, strives to bring you transparent and compassionate legal care to help you grow your family and navigate this complex process. Contact our team today.

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