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There are two basic types of surrogacy, traditional and gestational. 
Traditional Surrogacy involves a healthy young woman, usually under age 35, who makes an
agreement with an infertile couple. The young woman consents to be artificially inseminated with
the intended father's sperm and to carry the baby to term. A contract specifies the young woman
as the surrogate and requires her relinquish the baby to the infertile couple shortly after
birth.
Although traditional (aka classic) surrogacy has been highly successful, it also raises some
concerns. Foremost is the unavoidable fact that the surrogate is the genetic mother of the
child. In the case, "In re Marriage of Moschetta," the biological father battled the surrogate
for custody of the child, resulting in a ruling of joint custody. The intended mother lost all
parental rights.
Gestational Surrogacy involves the transfer of embryos to a surrogate who is not related to the
embryo she is carrying. The egg or sperm (or both) can be obtained from the intended couple; but
the source of the egg is not the woman in whom the embryos are implanted. Consequently, the
surrogate is not biologically related to the child.
California case law establishes that, for gestational surrogacy, the intent of the parties
prevails. Therefore, where the intent clearly indicates, the surrogate shall have no rights to
the newborn child. (see Johnson v. Calvert and In re Marriage of Buzzanca).
A contract that is complete and clear on such intent is essential. With our attorneys, you will
have peace of mind in knowing that your parental rights to your baby are firmly established and
not subject to the vagaries of the law.
If you are interested in becoming a surrogate please fill out our
online form to begin the process.
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