California law makes parenthood relatively accessible for intended parents who cannot conceive on their own. However, international individuals who come to California to become intended parents may face several legal challenges in the process.
These challenges often arise due to differences in laws between the intended parent’s home country and California’s regulations.
Differing surrogacy laws
One major challenge is navigating California’s surrogacy laws. While California has one of the most surrogacy-friendly legal systems, many countries do not recognize surrogacy agreements. This can create complications when trying to bring the child home or gain parental rights. Intended parents must ensure their surrogacy contract follows California law and may need to take extra steps to secure parental recognition in their own country. It is important that intended parents also consult with an attorney from their home country to find out if there are any extra steps that need to be taken throughout the surrogacy process.
Citizenship and documentation
Another legal hurdle involves citizenship and travel documentation for the child. Welcoming a child through surrogacy in California may not automatically gain citizenship in the intended parent’s country. International parents must deal with immigration laws, passports and visas to bring their child home legally. It is important to comply with both U.S. and home-country regulations in this situation.
International parental rights
Parental rights and birth certificates also present challenges. California allows intended parents to have their names listed on the birth certificate if they follow the proper legal procedures. However, some countries may not recognize the intended parents’ rights if their legal system views surrogacy or certain reproductive technologies differently. Parents must file the necessary paperwork in California while also following home-country procedures to establish clear parental rights.
It can be overwhelming to satisfy the legal conditions of two different countries. Complying with California surrogacy laws in the U.S. while guaranteeing parental rights in a different country is daunting. However, there are processes in place to help international intended parents build the family they dream of.