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Legal Process for the Surrogate Mother
Why is a Surrogate Agreement Necessary?
Legal history in California has shown that the Surrogate Agreement becomes an important tool in the event of a Surrogacy Case dispute. The Surrogate Agreement is reviewed and ultimately the Court rules for the party who intended on raising the child(ren).
Each party’s responsibilities are established which minimize misunderstandings.
Financial responsibility is established on the part of the Intended Parents and details the financial process.
It establishes that the Intended Parents are legally and financially responsible for the Child regardless of his/her health.
All parties are mandated by the Surrogate Agreement, including spouses or cohabitating partners, to be medically screened to protect the health and well-being of the Surrogate and the Child.
The role of the attorney for the Surrogate Mother:
Ensuring that the Surrogate Mother receives separate legal counsel from Intended Parents.
The Surrogate Mother’s attorney reviews Surrogate Agreement with her and her husband and answers questions regarding the legal and financial process.
Explaining to the Surrogate Mother that she must do all things necessary to assist Intended Parents in establishing their parental rights.
Explaining to the Surrogate Mother that the Intended Parents will do all things necessary to establish their legal parental rights.
Ensuring Surrogate Mother understands that all parties will hold any personal information made available through this process in the utmost confidence.
The Surrogate Mother’s attorney role is completed once The Surrogate Mother and her spouse/partner have signed Surrogate Agreement.