Can you give us a legal overview of how Surrogacy has changed in California over the years?
Over the last 15 years, since Buzzanca v. Buzzanca, Surrogacy law specifically as it relates to the right, responsibilities and obligations of parties really hasn’t changed at all. The courts keep going back to those decisions to ascertain what the responsibilities and obligations of parties are and in fact, it is so clear that there really haven’t been many cases that deal with those issues. The only thing that’s really changed is how we perfect and complete the transaction. It used to be that we would file our various cases and subsequent judgements in courts that were familiar and very understanding of Surrogacy practice. However, there has been a slight change recently that we now must file our cases in the area and district in which the surrogate resides. While it is a different way of doing things, it makes things a little more complicated for the lawyers in that we have to file our cases in sometimes remote locations, drive there and instruct the local staff on how to handle a surrogacy matter, but the absolute rights of the parties have not changed, only the effect by which we carry it out.
Kevin Mahan, Attorney at Law, Mahan & Mahan