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Surrogacy in San Jose, CA

Couples who have experienced recurrent pregnancy loss, or gay couples looking for a family building option with a biological link to their child might consider surrogacy. A surrogate is a woman who carries a child where the intended parents are unable to do so.

There are two types of surrogacy available: traditional surrogacy and gestational surrogacy.

Traditional surrogacy involves the use of the carrier’s eggs, which are inseminated with the sperm of the intended father or sperm donor. Gestational surrogacy uses the sperm and egg of the intended parents, or donor gametes where necessary. They are then transferred into the uterus of the gestational surrogate who carries the pregnancy without biological connection to the child.

It is common for a couple to enlist the help of a friend or family member in serving as their surrogate. If you are not comfortable with this option, surrogacy agencies or San Jose fertility clinics can match you with a prospective surrogate.

Surrogacy Laws in California

California does not have specific laws on surrogacy. However, the state does honor and accept surrogacy agreements. Surrogacy agreements are upheld per the Uniform Parentage Act. While intended parent and surrogate rights have been called to question on several occasions in California, the courts have ruled in favor of the intended parents regardless of sexual orientation as it was their intention to have a child.

San Jose Surrogacy Agencies

Surrogacy agencies match intended parents to surrogates. Surrogates are required to undergo physical and psychological screening before they are accepted into the surrogacy program. The following surrogacy agencies are located in the San Jose area:

  • Family Fertility Center
  • Woman to Woman Fertility Center

Surrogacy is legally complex and should not be carried out without the advice and supervision of a Family Law attorney. This type of attorney is experienced in California surrogacy laws and will draft a contract to ensure all parties are legally protected.

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