State legislation regulating surrogacy or third-party reproduction has been adjusted to accommodate all family structures, as the typical nuclear family structure continues to be moved away from. In California, the passage of AB 960 allows families to have children through third-party reproduction is now afforded the same legal protections when having children as unmarried parents or through artificial insemination.
What Is Third-Party Reproduction?
Third-Party Reproduction is the act of having a child through outside means due to biological infertility or personal choice. Third-party reproduction occurs when the intended parents will not both be biologically related to the child. Some of the most common forms of third-party reproduction are surrogacy, egg donation, sperm donation, embryo donation, and/or artificial insemination. In California, third-party reproduction is regulated by AB 960.
AB 960:
AB 960 is the legal statute in California that regulates third-party regulations by providing legal protection for both donors and parents. Specifically, the passage of AB 960 in 2016 was intended to provide protections for unmarried parents having children through artificial insemination instead of through sexual intercourse. AB 960 provides parents and donors with updated forms to better protect themselves, their children, and their rights in third-party reproduction cases. However, the protections afforded to parents and donors by AB 960 in California are not recognized nationally. Because of this, neighboring states may not recognize one’s parental rights if they are not genetically related to the child(ren). Further, to ensure that AB 960 can provide both donors and intended parents with the most protection possible, intended parents and donors should be sure to enter into a formal agreement outlining the stipulations of their agreement. Agreements can take the form of written contracts, firm oral agreements, or be arranged through the chosen medical professional’s office or sperm bank.
Types of Third-Party Reproduction:
Artificial Insemination:
Artificial insemination is the form of third-party reproduction that requires a medical professional to inject male semen into the female vagina to become pregnant. Since the passage of AB 960, third-party reproduction laws now extend protections to parents attempting to have a child through artificial insemination. It is possible for a child born through artificial insemination to be biologically related to both intended parents. However, it is also possible for a surrogate to become pregnant through artificial insemination.
Sperm, Embryo, and Egg Donation:
Another common form of third-party reproduction widely used in California is sperm, embryo, and egg donation. Through these forms of third-party reproduction, a donor will donate their egg, sperm, or embryo and state their intention to relinquish parentage of their biological child. This form of third-party reproduction can occur through artificial insemination, or a fertility treatment known as in-vitro fertilization. In these kinds of donations, the donor and intended parents can remain anonymous to each other. However, reproduction through these means requires a contract regardless of knowledge of each other to ensure that all legal rights are afforded.
Gestational & Commercial Surrogacy:
California legally recognizes two types of surrogacies contracts; Gestational and Commercial. Gestational surrogacy is the form of surrogacy when the intended parent’s embryo, which has been created through fertility treatments, is implanted in the female surrogate’s uterus. Commercial Surrogacy, also known as Traditional Surrogacy, is a surrogacy where the female surrogate is impregnated with the biological parent’s sperm through artificial insemination. The main difference between Gestational Surrogacy and Traditional Surrogacy is that in Gestational Surrogacy, the child born from the surrogacy is not biologically related to the female surrogate. Through Commercial Surrogacy, the child is biologically related to one parent and the female surrogate. The nuances of entering into a surrogacy agreement largely depend on the state.
In California:
- Intended parents can legally establish their parentage and parental rights before the birth of their child, regardless of sexual orientation.
- Intended parents are not required to be married to enter into a surrogacy agreement
To enter into a legally recognized surrogacy agreement, A surrogate candidate must meet the following requirements:
- Donors and Intended Parents must have and hire individual legal counsels.
- Surrogacy contracts must be completed and notarized before the administration of any reproduction-aid treatments.
Surrogacy Contracts:
A well-written surrogacy contract will clearly state the intentions, purpose, responsibilities, and intended outcomes of the surrogacy agreement. It is a legally binding document that all involved parties must adhere to. For parents entering into a surrogacy agreement, one of the most asked questions is whether or not the biological parent may choose to keep the child after the pregnancy. Though rare, a surrogate can attempt to claim the child and establish their parentage despite their original intentions. Because of this, intended parents and donors must establish a clear surrogacy contract. To avoid this possibility, surrogacy contracts must include a clear expectation that the surrogate will not claim any rights to the child and birth. The intended parents will claim all the child’s physical and legal custody rights. If issues arise with this contract, it will likely become a family law issue.
Surrogacy contracts also include specifications regarding potential medical treatments, responses to medical emergencies, and behavior that the intended parents prohibit the surrogate from engaging in during pregnancy. Ensuring that all stipulations, expectations, and responsibilities are clearly stated in the surrogacy contract before undergoing medical treatment will ensure that both parties’ rights are as protected as possible.
F.A.Q.’s
How Much Does Third-Party Reproduction Cost?
Due to the varying types of third-party reproduction in California, the cost will vary from case to case. This is because each type of third-party reproduction is not only governed by its requirements but because each type also requires different amounts and types of outside involvement.
How Much Does Surrogacy Cost?
Generally, third-party reproduction through surrogacy costs anywhere from 15,000 – 25,000 dollars. Although, this is not an all-inclusive number. Because surrogacy is ultimately a medical procedure, there will likely be additional costs that arise throughout the process. However, in some cases, surrogacy may cost significantly less. This is because not all surrogates accept payment from the intended parents. If this occurs, the intended parents will generally only be responsible for the legal and medical fees; thus, lowering the cost as they no longer have to pay the surrogate directly.
How Much Does Sperm, Embryo, and Egg Donation Cost?
Under California Law, it is illegal for intended parents to pay their donors directly for their donations. Instead, standard practice is for intended parents to provide their donors with financial compensation based on pain, suffering, or, if applicable, travel-related expenses. Because of the difference in procedural requirements of these kinds of donations, sperm, embryo, and egg donation are often significantly cheaper than surrogacy. In California, the average cost for sperm, embryo, and/or egg donation ranges from 2,000 to 5,000 dollars.
Contact Pride Legal
If you or a loved one have questions regarding surrogacy or thrid-party reproduction, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.