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The use of surrogacy has risen tremendously in the past several years, as an alternative option to women and men looking to start families. While surrogacy laws vary from state-to-state, surrogacy is a real option for couples in California, including same-sex couples. While much stigma still surrounds surrogacy today, our practice aims to demystify and shed light on the fundamentals of surrogacy.

There are two types of surrogacy – Traditional and Gestational:
Traditional Surrogacy is when the woman carrying the child is the genetic mother. The child is conceived through artificial insemination of the intended father’s sperm with the woman’s egg.

Gestational Surrogacy is when the woman carrying the child is not the genetic mother. The embryo is created using the mother’s eggs, or a donor’s eggs, with the sperm of the intended father or a donor’s sperm, and is subsequently transferred to the uterus of the carrier.

Under California Law AB1217, the intended parents and surrogate must each be represented by independent counsel. Each surrogacy agreement is different depending on the particular preferences of the parties involved. Generally speaking, the surrogacy agreement will include expectations for both of the intended parents and the surrogate to comply with, including communication about doctors visits, or dietary and travel restrictions.

The length of the surrogacy process varies, depending on the program used by the parties. In general, several factors are involved, such as the success of the medical procedures. On average, from the initial process to being at home with your baby, this can take anywhere from one full year to 18 months.

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