California has surrogacy-friendly laws that have developed over the years making this one of the best states for the surrogacy process to flourish.
There are two kinds of surrogacy: altruistic and commercial. What are the differences between the two?
In return for the surrogate’s services, the prospective parents provide her with financial compensation. In addition to paying the surrogate’s medical expenses, an agreed-upon plan may cover:
- Embryo transfer fee
- Food allowance when traveling
- Mileage allowance
- Maternity clothes
- Monthly allowance
- Lost earnings, if applicable
The law recognizes the time and effort involved in carrying and delivering a baby. Therefore, in the state of California, compensation through commercial surrogacy is common.
The agreement in this type of surrogacy does not include monetary compensation. The woman who gives birth is sometimes a close relative of the parents-to-be. She may also be a gestational surrogate, defined as one who enjoys the process of becoming a mother and selflessly wishes to help others attain motherhood. The prospective parents are not required to provide the surrogate with any financial compensation other than reimbursement for medical and other expenses associated with her pregnancy and delivery.
California laws enacted over the years provide clarifications and stipulations concerning surrogacy agreements. For example, they establish parental rights for the prospective parents and cover the relationship between parents and surrogates. Under California Assembly Bill 1217, the surrogate and the parents-to-be must have separate attorneys to guide the surrogate process for the different parties. This ensures that there will be no legal missteps whether altruistic or commercial surrogacy is in force.