Family Formation’s surrogate contract services have been refined over the past 27 years to cover and preclude the many issues which may arise. California law is particularly favorable to surrogacy, and our contract continues to evolve to reflect changes in the law.
The Surrogate Contract
We draft gestational surrogate and traditional surrogate contracts based on the needs of all parties, working closely with all parties’ attorneys. In this way, our contract reflects a true negotiation between the parties which is important to the contract’s validity. Once the contract is drafted to everyone’s satisfaction, and is signed and notarized, we prepare legal clearance for your fertility center so that you can quickly begin building your family through surrogacy. The surrogate contract is critical to establishing you as your child’s parents and to set forth the rights and liabilities of all parties. However, it’s important to remember that you still need to file a parentage action with the court. The contract alone is not sufficient to get your name on your child’s birth certificate.
Your Surrogate Contract is the basis for the Parentage Action
Once your surrogate is in her fourth or fifth month of pregnancy, we will use your surrogate contract to prepare the parentage action, the court action necessary to establish you as parents of the child your surrogate is gestating. This court process–drafting petitions, accompanied by declarations and stipulations, points and authorities, and declaratory judgments–is initiated early in the pregnancy, so that by the time your child is born, you will have a signed court order declaring that you are the parents of the child from the moment of birth. This order also serves as the hospital’s instructions, requiring them to put your names on the birth certificate.
Call or email today to set up a FREE 15 minute consultation. We would be happy to discuss with you and questions or concerns you have about the legal aspects of working with a surrogate. You can call us on (925) 945-1880 or (800) 877-1880, or if you prefer you can contact us via email