The new law provides guidance relating to the manner in which surrogacy agreements must be executed, when medical procedures can be commenced, and where parental establishment cases may be filed--many procedures already utilized by experienced assisted reproduction practitioners but not required by law.
Just signed by Gov. Jerry Brown, the new law is the most significant surrogacy legislation ever enacted in California and may serve as a model for legislation in other states, offering legal protection for family formation via artificial reproductive technology (ART) and surrogacy.
An assisted reproduction agreement for gestational carriers (surrogates), containing required information and legally notarized, would have to be executed prior to embryo transplantation or administration of medications used in assisted reproduction; in other words, it would be illegal to execute a surrogacy agreement with the intended parents after the surrogacy was already pregnant, as has occurred in a recent court case.
First and foremost, it is very important that prospective U.K. intended parents seek the advice of an experienced assisted reproduction lawyer in the surrogate’s birth state, and retain legal counsel in the U.K. before moving forward with a surrogacy arrangement in the United States
