The legal professionals associated with Building Families, Inc., are pioneers in their field. Their achievements in the California court system have made the regulatory climate much more favorable for Surrogacy.
Although the act of Surrogacy is a generous gift from the Surrogate to the Intended Parents, there is a financial arrangement that is facilitated by the attorney or an Escrow Agent according to the terms of the Surrogate Agreement.
Each party has separate legal representation which provides fair and impartial advice from the legal professionals to their clients.
The attorney for the Intended Parents will prepare the Surrogate Agreement according to the specific facts of the case. They ensure that the Surrogate Agreement contains the most recent updates in the law or procedure. The attorney for the Surrogate reviews the Surrogate Agreement with her and her husband/partner and answers questions regarding the legal and financial process. The Surrogate Agreement details the obligations and responsibilities of every party to avoid any misunderstandings. The Surrogacy Agreement is signed by both parties once they are satisfied with all the terms and conditions.
Legal history in California has shown that the Surrogate Agreement becomes an important tool in the event of a Surrogacy Case dispute. The Surrogacy Agreement is reviewed and ultimately the Court rules for the party who intended on raising the child(ren).
Once the pregnancy is established, the attorney begins the process of obtaining a Court Order which provides instructions to the hospital where the Intended Parent’s child is born. The instructions include putting the Intended Parent’s Name on the birth certificate, and also clarifies that the Intended Parents are the legal parents and should have complete control over the care of their newborn child.