Choosing Surrogacy

Surrogacy become a more common way of building or forming one’s family in recent years. California is one of the leading states for surrogacy contractual arrangements. Although the California legislature has not enacted any legislation in regulating surrogacy or egg donation, the California court system has favorably interpreted the surrogacy contracts over the last decade. The most famous case is that of Buzzanca v. Buzzanca (Re Marriage of Buzzanca).

Perhaps the answer to surrogacy’s rise in popularity lies in the fact that certain adoptive parents that not only want a healthy newborn infant, but want the infant to be carried by a woman with an exceptional health history, with no substance abuse or mental health challenges.

How it’s done

With the advancement of new medical technology and procedures, much has changed in surrogacy. Under the original concept of surrogacy, a woman would be artificially inseminated and carry a child that she is biologically related to for an intended parent couple that otherwise could not have children on their own. The surrogate mother would thus be biologically related as would be the sperm donor/husband.

Because of the above-referenced Buzzanca case, there are some in the medical and legal community who feel that if a couple does not find it ethically objectionable that they can obtain a totally unrelated sperm donor and egg donor and create embryos and have those embryos implanted in a third party surrogate mother and if a child or children result from the procedure that the Intended Parents’ names go directly on the birth certificate at the hospital at the time of birth.

Let’s talk

If you would like to receive additional information on surrogacy, please contact our office at 323-655-2601 or by email at