Everything You Need to Know Before Surrogacy: West Coast Surrogacy Simplifies Legal Complexities

Though controversial, surrogacy has emerged as a trusted and valuable solution for individuals and couples whose dream of having children is, for one reason or another, out of reach. Additionally, some women who have been graced by parenthood and felt its profound impact take this route to share this beautiful gift with others. At its core, surrogacy is about making dreams come true through selflessness. However, legal dilemmas, potential ethical and emotional clashes, and the landscape’s inherent complexities can be challenging to navigate.

Since Amy Stewart Kaplan founded West Coast Surrogacy (WCS) in 2007, this boutique agency has been dedicated to alleviating the concerns of both intended parents and gestational surrogates through transparency and empathy. Leveraging over a decade of experience helping families grow, Amani T. Hanson, a licensed attorney, Partner at Vorzimer Masserman – Fertility & Family Law Center, WCS’ supporter, and an attorney who has represented many of their intended parents, shares invaluable insights that illuminate this nuanced landscape.

Gestational surrogacy is a path to parenthood where intended parents create embryos that are ultimately transferred to a gestational surrogate to carry the child on behalf of the intended parents. The gestational surrogate has no genetic connection to the child. According to Amani, in gestational surrogacy, intended parents are recognized as legal parents. Depending on the state regulations, this can be accomplished through a pre-birth order or post-birth order, with their names ultimately placed on the birth certificate.

“Surrogacy, pregnancy, and parenthood are innately emotional and complex,” shares Amani. “Thus, cultivating an experienced and compassionate team of professionals to guide you is critical for a successful and smooth journey.”

Before embarking on this journey, WCS urges intended parents and surrogates to consult with an experienced attorney to analyze nuanced state laws, as these varying legal landscapes can have immense implications for all parties involved. In favorable states, laws tend to be more defined and enforced, which protects the parental rights of the intended parents, minimizes risks, and enhances protections for all parties involved. Ultimately, both parties are required to enter into a legal contract, where the expectations and obligations of the gestational surrogate and parents are established.

States range from permissive to restrictive to neutral. However, any state where surrogacy is permitted requires a detailed, legally binding contract that covers all aspects of the surrogacy arrangement, including compensation, medical procedures, and parental rights. States that have surrogacy laws and legal frameworks are clear, supportive, and structured, which significantly streamlines processes and provides a clear path to establishing parental rights. These states include California, which is known to be the global hub for surrogacy and one of the US’ most surrogacy-friendly states with well-established legal processes (i.e., Illinois, Nevada, New York, and other states).

In restrictive states, surrogacy laws are prohibited or severely limited at best, especially when it comes to commercial surrogacy, and the legal landscape is typically more complicated. With a landscape that is ever-evolving, many states that have historically been restrictive are changing to allow for some paths of surrogacy. Additionally, there are states that do not have a legal framework for surrogacy, but they are considered favorable in practice.

Factors to consider regarding compensation include base reimbursement (amount agreed upon during the matching period); additional payments like travel and medical expenses, childcare, and loss of wages; payments for multiple births if the pregnancy results in twins, triplets, etc.; and postpartum compensation for recovery, psychological support, and more.

Expert attorney assistance is also crucial in the legal agreements between the parents and surrogates, which address how medical screenings, health monitoring, insurance, and any medical decisions will be handled. Rights and obligations during pregnancy should also be outlined in detail, specifying aspects like lifestyle requirements (i.e., surrogate refraining from smoking, drinking, and engaging in potentially harmful activities), medical protocols, and behavioral expectations (i.e., avoiding high-risk sports).

Through a team-oriented approach and a commitment to integrity, compassion, and support, WCS guides gestational surrogates and intended parents through every step of the process. After a comprehensive vetting process – which includes a detailed survey, a psychological evaluation, and more – and matching the surrogate with compatible intended parent(s), the agency refers GSs and parents to an experienced and reputable attorney specializing in surrogacy.

Located in California, WCS seamlessly connects surrogates and intended parents with aligning values, later referring them to a trusted attorney to ensure that the gift of birth isn’t clouded by legal complications, uncertainty, and disputes. “At WCS, every member of the team works together, fostering an environment based on trust and mutual respect in an effort to create a beautiful path to parenthood. This extends to all the professionals we work with, especially the lawyers we recommend,” asserts Amy.

Recognizing that surrogacy is deeply intimate, Amani shares: “For me, it’s key to approach every case with patience and professionalism. Balancing the legal aspects with the delicate nature of family building is critical for success. Legal complexities can be overwhelming. It’s our job to make it simpler – one fulfilled family at a time.”

 

Healthcare disclaimer:

This article is for informational purposes only and does not substitute for professional medical advice. If you are seeking medical advice, diagnosis or treatment, please consult a medical professional or healthcare provider.