What are the legal implications of surrogacy agreements?

The legal implications of surrogacy agreements involve both parties entering into a legally binding contract. In California, the intended parents and surrogate must have a valid surrogacy agreement in place that is recognized by the California courts. This agreement outlines the legal rights, responsibilities, and expectations of both parties. It may include provisions for the surrogate to receive financial compensation, who will be responsible for medical expenses, and details about who will have parental rights to the child. Surrogacy contracts must also be approved by a court. This process requires both parties to appear in court to present evidence that the surrogacy agreement meets California law. Under California law, the surrogate must be at least 21 years old and have already given birth to at least one healthy baby. The court also takes into account any medical conditions or mental health issues of the surrogate. If the surrogacy agreement is approved by a court, it will become legally binding and both parties will have to adhere to the terms and conditions set out in the agreement. Any violation of the agreement can be taken to court and result in legal penalties. In California, the intended parents may be required to pay certain expenses, such as medical bills and legal fees, during the surrogacy process. Additionally, the intended parents may also be responsible for any costs related to the child born through surrogacy, including child support. In conclusion, while surrogacy agreements are legally binding, they must adhere to the laws of California in order to be legally approved. Once approved, both parties must comply with the provisions of the agreement or face legal penalties.

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