Common Reproductive Law FAQs For Intended Parents
At The Law Office of Erin C. O’Kane, Esq., you are my first priority. I take the time to listen to and address your surrogacy and third-party reproduction concerns and questions. I provide reliable legal representation and help mitigate additional stressors throughout this exciting and challenging time.
Here are a few common questions clients ask and are most concerned about.
Q: What happens if the surrogate changes her mind?
A: According to California surrogacy law, the intended parents have parental rights to the conceived child. If the legal steps are followed properly, the surrogate cannot exercise parental rights over the child being born.
Q: If I am single can I become a parent?
A: Under California law, single people may become parents through assisted reproduction and surrogacy arrangements. The name of the intended parent may be identified on the child’s birth certificate. There is no requirement for intended parents to include both a man and a woman, or a married couple, under California’s favorable surrogacy laws. However, single parents should act cautiously and work with an experienced lawyer, especially single parents who are from other states or other countries where surrogacy laws are not as favorable as those in California.
Q: What is gestational surrogacy?
A: In a gestational surrogacy the surrogate is not genetically related to the child. The intended parents and/or donors provide the gametes for the embryo that is transferred to the surrogate.
Q: Why do I need a surrogacy lawyer?
A: California law requires both sides to have legal representation. This is about making sure the legal steps are followed to help ensure a smooth process. The lawyer deals with the contractual aspects of the surrogacy process and handles the court process to ensure parental rights for the intended parents.
Q: Can same-sex couples become intended parents?
Yes. California law provides same-sex couples with strong equal-rights protections. Surrogacy, embryo donation or in vitro fertilization are options for same-sex parents to build families. However, not every state, or country, has surrogacy laws as favorable as California. For intended parents who are from outside of California, or who may plan to move to another area, it is vital to work with an experienced reproductive law attorney to help ensure that parental rights will be recognized in other jurisdictions.
Let The Law Office of Erin C. O’Kane, Esq., Help You With Your Legal Issues
Understanding and navigating the legal system around surrogacy are complex, but not impossible. I will work with either intended parents or surrogates to ensure the process is done correctly and your rights are protected. If you have additional questions or concerns, please reach out to me. Call 858-391-6589 or send a direct message through the online contact form. I am here to help you.