Video: Surrogates and the Legal Process: Overview

Author: GSHC Surrogacy

2020-05-15

Attorney Greg Masler of the Law Offices of Gregory S. Masler in California provides an overview of the legal aspects of the surrogacy journey.

What does a surrogacy attorney do?

Surrogacy attorneys draft and review the surrogacy contract between the Intended Parents and the Surrogate. The surrogacy attorney also prepares and reviews the Pre-Birth Order documents that are filed with the court to establish parental rights.

What happens if a Surrogate does not use a surrogacy attorney?

California law requires that each party have their own legal counsel for the surrogacy process. There must be an attorney representing the Surrogate in order to begin a surrogacy journey in California.

If you live outside of California and are thinking of becoming a Gestational Surrogate, we recommend that you consult with a licensed surrogacy attorney in your state.

What are the advantages of pursuing surrogacy in California?

California has well-established laws regarding surrogacy arrangements and parentage issues. These laws protect all parties and allow the legal process to move smoothly.

Also because of these laws, California has an abundance of IVF labs, agencies, and surrogacy attorneys who are well-versed in the process.

There are states within the U.S. that consider it a crime to receive paid compensation for a gestational surrogacy arrangement.

If you live outside of California and are thinking of becoming a Gestational Surrogate, we recommend that you consult with a licensed surrogacy attorney in your state.

Can a Surrogate select her own surrogacy attorney?

Yes. Surrogates are given referrals for legal services by either their clinic or their surrogacy agency but are free to use whomever they wish.

The attorney you select must be familiar with assisted reproductive technology (ART) law. Substantial complications to the duration and cost can arise if the attorney is unfamiliar with these laws.

GSHC Surrogacy Agency will connect you with the right surrogacy attorney to expertly guide you through the legal process.

View the all interviews with Greg Masler HERE

If you are considering surrogacy, please contact GSHC Surrogacy Agency by completing our Surrogate Intake Form, call us at 310.953.0137, or send an email to [email protected] to learn more about how we can help you achieve your dream of starting a family!

 

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