What are the legal implications of assisted reproductive technology with regards to parenthood?
In California, assisted reproductive technology (ART) such as in vitro fertilization (IVF) has legal implications when it comes to parenthood. Since California is a “gestational surrogacy” state, the legal parentage of a child born through ART is determined by the Intended Parents Agreement (IPA). This is a contract between the surrogate mother or gestational carrier and the intended parents that outlines the rights and responsibilities of all parties. In California, a successful IPA would make the intended parents the legal parents of the child, rather than the surrogate mother or gestational carrier. This determination of legal parentage is based on the genetic parentage and the gestational parentage established upon the birth of the child. The genetic parents are the individuals whose egg and sperm were used to create the embryo, while the gestational parent is the one who carried the embryo to term. The legal parentage of a child born through ART is an important issue that must be discussed thoroughly between all parties involved. The conversation should also include any potential legal implications for the intended parents, such as consideration of future legal battles in the case of a dispute. It is also important for intended parents in California to be aware of any applicable law in their area. By understanding the legal implications of assisted reproductive technology, intended parents can take the right precautions to protect themselves and their rights as parents.
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