Of the 50 US states, California is one of the most surrogacy friendly. However, if Intended Parents work with a Surrogate from another state, they should keep in mind a few very important things. We have listed below some of these considerations. and how the Law Offices of Gregory S. Masler helps our Intended Parent clients with Surrogates outside of California navigate these sometimes-challenging legal issues with their family formation journey:
- State Laws Vary: Each state has different laws regarding surrogacy. Some states accept California parental judgments, while others may require additional steps or even consider surrogacy illegal. It’s crucial to understand the specific laws in the Surrogate’s state of residence.
- Contact Local Attorney: We contact local attorneys in the Surrogate’s state of residence. They can provide valuable insights into the acceptance of California parentage documents. and the specific procedures required in their state to have the Intended Parents named on their child’s birth certificate.
- Contact Vital Records Office: We also contact the vital records office in the Surrogate’s state to obtain information about the acceptance of California parentage documents and any requirements that state requires for the Intended Parent’s child’s birth certificate.
- Contract the Hospital the Surrogate Will Deliver: Even if the Surrogate’s state accepts California parentage documents, individual hospitals may have their own policies. We verify with the hospital hospitals procedures to avoid any complications with the Intended Parents securing custody of their child after birth.
- Continuous Follow-Up With Out-Of-State Attorneys: It may ultimately be best for an attorney licensed in the Surrogate’s state to obtain the parentage documents – even if the parties have entered into a California surrogacy agreement. In such instance, we follow up with the other attorney regarding the status of the parentage documents, and we are always there for our clients’ questions.
At the Law Offices of Gregory S. Masler, we understand the importance of helping our Intended Parent clients with the complexities of surrogacy arrangements inside and outside of California and help with a smooth and successful family formation journey. If you have any questions, please feel free to ask!