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Surrogacy

We represent intended parents and surrogate carriers in all types of surrogacies: domestic and international, agency and private, LGBTQ+ and single parents, and family arrangements.  The surrogacy contract is one of the most in-depth and important pieces of a surrogacy journey.  The attorney consultation supports a successful arrangement by helping the parties explore and align on many key elements, including: frequency of contact, confidentiality, and terms for abortion and reduction.

Key considerations:

  1. Has there been an independent review of the surrogate's medical insurance policy to ensure coverage of surrogacy-related medical expenses?

  2. Have both parties completed psychological interviews?

  3. Have the parties agreed on the amount of contact during pregnancy and possible contact post birth?

  4. How many cycles do the parties intend to complete to achieve a viable pregnancy and birth?

  5. Are the parties in agreement regarding terms for therapeutic abortion and selective reduction?

What is the difference between Gestational and Traditional Surrogacy?

Gestational Surrogacy: the gestational carrier has no genetic link to the child or children she carries.  The child could be conceived using the intended parents' or donor gametes (egg/sperm).  California courts have upheld the enforceability of gestational surrogacy contracts, and awarded parental rights to the intended parents.​

Traditional Surrogacy: the surrogate carrier is artificially inseminated with sperm from an intended parent or a donor.  Thus the child has a genetic link to the surrogate carrier.  For that reason, the law surrounding traditional surrogacy is distinct from gestational surrogacy.  You may contact us to discuss your arrangement.