Rancho Santa Margarita Surrogacy Lawyer

Rancho Santa Margarita Surrogacy Attorney

Surrogacy is an option that more and more families are using to build their families. While there is always a lot of joy when the journey is completed, it’s important to realize that for surrogacy to be considered legal, some important procedures, approvals, and orders must be followed. A Rancho Santa Margarita surrogacy lawyer can ensure that these critical obligations are met.

At Cianci Law, PC, we’ve had the privilege of working on the legal aspects of many surrogacies, ensuring that the proper procedures are followed, the contracts fit the expectations of the law, and courts are petitioned for timely pre-birth orders. Whether you are an intended parent or will be carrying the child, it’s crucial that you have experienced, competent legal help from a skilled Rancho Santa Margarita family law attorney through your surrogacy journey.

What a Surrogacy Lawyer Assists With

There is a lot that goes into a surrogacy journey from a medical standpoint. There’s the physical aspect of the pregnancy and everything involved with that aspect. Additionally, though, some critical legal aspects are necessary to ensure that the process goes smoothly, everyone is protected, and the baby is sent home with the intended parents. A Rancho Santa Margarita surrogacy lawyer can create a comprehensive legal plan for a surrogacy journey.

From a legal aspect, one of the most important parts of the surrogacy journey is the surrogacy contract. The laws regarding surrogacy in California have strict requirements for how these contracts should be crafted. However, there is room to craft an agreement that fits the particular interests of those involved in the surrogacy. It’s important that both parties have a lawyer representing them to ensure that their interests are protected and that their surrogacy agreement will hold up under scrutiny.

Our experience allows us to protect our clients while creating a surrogacy contract. It’s important that a contract addresses some of the potential scenarios that could come up during the surrogacy and states a resolution. When these elements aren’t included in the contract, it can be difficult to determine how they should be handled. Our experience in helping people through both traditional and gestational surrogacies gives us perspective on what potential issues are important to include.

Another critical aspect of the process that a lawyer can assist with is petitioning the court for pre-birth orders, which will need to be done well in advance of the birth. These are crucial for legally cementing the surrogacy, as one of the most significant components of these orders is that it gives the intended parents the right to make medical decisions following the birth and allows the child to be discharged to them.

FAQs

Q: Is Commercial Surrogacy Legal in California?

A: Commercial surrogacy is legal in Rancho Santa Margarita, California, but it is important to be clear about what qualifies as commercial surrogacy. In commercial surrogacy, the carrier of the child is paid. Since it is illegal to buy or sell a person, it’s important to be clear that what is being compensated for is the pregnancy and related impact, not the child.

Contacts need to show the gestational carrier is receiving compensation for issues such as lost wages, medical risks, time, and other general burdens that they will bear in the process.

Q: What Are Pre-Birth Orders?

A: Pre-birth orders are issued by a judge before the baby is born. These are petitioned for before the baby arrives to ensure that the intended parents can act with parental rights as soon as the baby is born. This means that they will be able to make urgent medical decisions for the baby if the need arises. These orders are also necessary to ensure that the baby will be discharged to the intended parents when it’s time to leave the hospital.

Q: What Are the Qualifications for Gestational Carriers?

A: The qualifications for gestational carriers have been put in place to protect everyone involved with the surrogacy journey, including the baby and the birth mother. The specific requirements help both the carrier and baby complete the process healthily. Speaking with a knowledgeable surrogacy attorney can help you determine if you qualify to carry a child as either a traditional or gestational surrogate.

Q: What Is a Surrogacy Contract?

A: A surrogacy contract is an agreement made between the birth mother and intended parents for a surrogacy journey. These contracts will be required to meet certain legal expectations, but they will also be specific to the situation. The contract should address the roles and responsibilities of all parties involved, clarify the financial aspects of the pregnancy, including compensation, and should also detail how certain “what-if” scenarios should be handled.

Q: Is There a Difference Between a Surrogate and a Gestational Carrier?

A: There is a difference between a surrogate and a gestational carrier. A surrogate is a birth mother who carries a child with her own genetic material; in other words, her own egg was used to conceive the child. A gestational carrier is a birth mother who carries a child with biological parents chosen by the intended parents. The biological parents can be the intended parents or donors chosen by them, but the gestational carrier is excluded from these options.

Creative Family Solutions for Rancho Santa Margarita Surrogacies

While surrogacy is a powerful option for those looking to start or expand their families, there are critical legal aspects to the surrogacy journey. The laws covering surrogacies need to be strictly adhered to, both to ensure that parental rights are established correctly and to make clear that all parties understand what the surrogacy journey entails. It’s critical that an experienced lawyer be involved in the process.

At Cianci Law, PC, we’ve had the opportunity to help intended parents and birth mothers successfully address the legal aspects of their surrogacy journeys. We understand the critical aspects of the law and how to create surrogacy contracts that address the areas that are important to those involved. If you plan to be involved in a surrogacy journey and want legal help that you can feel confident will protect you and your interests, then reach out to our offices today.