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BABY MIRACLES, INC.
Office
2173 Salk Avenue, Suite 250
Carlsbad, CA 92008-7383
Mailing Address
P.O. Box 2772
San Marcos, CA 92079
Phone
(760) 743.0601
Facsimile
(760) 743.0695
E-mail
Surrogacy:
Egg Donation:
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It is essential that all third party assisted reproduction arrangements (surrogacy and/or egg donation) be memorialized by a written contract entered into by the fertility assistant (Egg Donor or Surrogate) and the Prospective Parents that clearly sets forth the intent of the parties. Specifically, that any child born as a result of the assistance of the Egg Donor and/or Surrogate is the legal child of the Prospective Parents. A well-drafted contract will help to avoid a potential legal dispute as to the maternity and/or paternity of the baby conceived as a result of such assistance.
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When pursuing surrogacy, many couples express concern that the surrogate may change her mind and want to keep the baby. While this may be cause for concern with respect to adoption in most (if not every) state in the United States, couples pursuing surrogacy in California need not worry about this. Thousands of couples worldwide come to California because it is "surrogacy-friendly". It is well established that courts look to the intent of the parties in determining parentage, regardless of the genetic contributors, i.e. who provided the egg and sperm.
There are two separate legal aspects to a surrogacy arrangement: The Surrogacy Contract and establishing maternity and paternity.
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Having a well-drafted and comprehensive surrogacy contract is critical not only to establish legal parentage, but also to help ensure a successful surrogacy arrangement. It should be drafted by an attorney experienced in such contracts in the state in which the contract is entered into. Matters that should be addressed include, among others, the identification of the parties, the state in which the contract is entered into, the amount and terms of compensation to the surrogate, the rights and duties of the parties, and provisions that address the conduct of the surrogate prior to and after achieving pregnancy.
It is recommended that the Surrogacy Contract be drafted upon completion of medical and psychological screening of the Surrogate as the Surrogate may not commence the use of injectable medications until there is a signed Contract.
Baby Miracles, Inc. will provide referrals to experienced professionals to both Prospective Parents and to Surrogates.
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Birth Certificate - Establishing Maternity and Paternity
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Unlike many other states, in California no adoption or step-parent adoption is necessary to establish the Intended Parents as the legal parents of a baby born with the help of a surrogate mother. This is the case whether the Intended Parents contributed the egg and sperm or had an egg and/or sperm donor. The Prospective Parents' names will be placed on the birth certificate as the legal parents, provided a Judgment of Maternity and Paternity is obtained timely. The California Office of Vital Records requires that a birth certificate be filed within 10 days of the birth. Without the Judgment, the name of the surrogate (and her husband, if she is married) must go on the birth certificate and, in this instance, an adoption proceeding may be required. It is for this reason that we start this process mid-pregnancy. At that time, we provide the necessary information to the Prospective Parents' attorney, who will prepare the court documents, obtain the signatures of the parties' as well as medical professionals, and file the documents with the Superior Court. The attorney will make a court appearance (neither the Intended Parents nor the Surrogate need attend) and obtain the Judgment of Maternity and Paternity. The attorney will provide both Baby Miracles and the Intended Parents with a certified copy of the Judgment; Baby Miracles' copy will be sent to the hospital to await the birth of the baby.
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When a woman donates her eggs for use by a third party, it is necessary to establish at what point the donated eggs become the property of the Prospective Parents.
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The Egg Donation Contract
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Each egg donation arrangement must be formalized with the entering into of an Egg Donation Contact between the Egg Donor and the recipients of the donated ova (eggs). Typically, an egg donation arrangement is anonymous and, therefore, the actual identity of each party is not disclosed to the other.
A properly drafted Contract should include, among other things, requirements relating to the conduct of the Donor prior to and during the egg donation cycle, the amount and payment terms of the Donor's compensation and reimbursement, travel-related matters, and whether the embryos created with the donated eggs may be donated to a third party for personal use and/or donated to research.
Every egg donation arrangement facilitated by Baby Miracles, Inc. requires the parties enter into an Egg Donation Contract upon completion of medical and psychological screening of the Donor. As an accommodation, Prospective Parents may elect to utilize Baby Miracles' form Egg Donation Contract, which is comprehensive in nature and addresses all aspects of an egg donation arrangement, for a cost significantly less than what an attorney would charge.
No staff member of Baby Miracles, Inc. is a licensed attorney and, therefore, cannot give legal advice.
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