What Rights Do Gestational Parents Have in Surrogacy?

Giving a Couple the Gift of Life Without Sacrificing Your Rights

Since being officially legalized in 2013 in California, surrogacy has shared the gift of parenthood with couples who were otherwise unable to bring a baby into the world. Before beginning the medical procedure and parental planning, however, it’s important for all parties involved to draft a sound surrogacy contract to protect the rights of the intended parents, as well as those of the gestational parent.

Outlining Expectations in a Contract

The rights of both surrogate and intended parents are protected through the mandatory drafting of a surrogacy legal contract in the beginning stages of the arrangement. Before medical stages begin, both parties and their respective attorneys will meet to create a contract that outlines:

• The people whose gametes are being used
• The identity of the intended parents
• Pre-birth and parentage agreements
• Acknowledgement of risks and responsibilities
• Compensation for surrogate mothers
• Expectations for involvement in appointments and pregnancy
• Guidelines for potential uncommon scenarios

The contract outlines each groups’ expectations for the pregnancy with matters including, some, all, or even more of the above.

Guaranteed Rights

Contracts can vary in specificity on how parents wish to be involved with the pregnancy. Regardless of the terms of the contract, surrogate mothers are promised specific rights. These rights include:

• Being protected from legal or medical responsibility for the child
• Having access to health insurance
• Being informed about the procedure and side effects
• Choosing their own medical professionals
• Receiving psychological help
• Receiving agreed-upon compensation

While surrogates have a broad foundation of protective rights, one notable absence is that they have no right to the child they are carrying once legal parenthood is established by the intended parents, which usually happens with a pre-birth order.

For assistance drafting a surrogacy contract and ensuring it’s upheld, contact Cianci Law, PC. Our team is available to provide compassionate and experienced representation to gestational and intended parents alike. Call us today for more information regarding how we can help your case: (916) 797-1575.