State law regulates the legalities of Gestational Surrogacy ­ whether the contracts are legal and/or enforceable, and whether any money may change hands.  State law may also regulate who may be declared the mother and father of the child and under what conditions.  Some states have no laws or court cases which govern Gestational Surrogacy; others have laws that prohibit it.

California is one the few states which allows a binding determination of parentage prior to birth in an uncontested situation. When either the Gestational Carrier or the Intended Parents reside in California, we can utilize California as the forum state and benefit from an early determination of parentage.

It is estimated that there have been over 6,400 Gestational Carrier births in the United States.  Of these, there are less than thirty documented cases in which the Gestational Carrier attempted to renege on the contract and retain custody and control of the child. Even if all thirty Gestational Carriers had prevailed in court (which is not the case), the failure rate of Gestational Surrogacy would be significantly less than one percent. 

There are very few failures in Gestational Surrogacy, especially when compared to adoption.  In adoption, the Birth Mother finds herself with an unplanned pregnancy and then must decide how to proceed. When placing, she is usually motivated by the desire to provide her child with a better life and it is a contest between heart and head. Financial assistance in adoption is limited by law to necessary and reasonable expenses of the pregnancy. 

The Gestational Carrier voluntarily comes forward prior to pregnancy. Only after all the arrangements have been made and the surrogate is thoroughly screened, does the surrogate become pregnant. Our Gestational Carriers are motivated by a desire to lovingly create a child for a new family and to help their own with the fee earned for her gestational services.