As an adoption attorney, it is always heartwarming to work in the adoption arena where, when things go smoothly, everyone “wins.” The child has a loving home, the birth parents feel they have done the right thing and can go on with their lives, and adoptive parents have the child they so deeply wanted.
I want to acknowledge all families that are open to taking on a “special needs” child of any nature. In my practice, I see the vast majority of our prospective adoptive parent clients looking for healthy infants and in many cases “healthy Caucasians” or “substantially Caucasian” infants.
Over the years we have not only been able to help birth parents who are in crisis and children who need homes find a loving home but have helped a majority of prospective parents who have contacted us. So why has surrogacy become a more common way of building or forming one’s family in recent years?
California is one of the leading states where surrogacy contractual arrangements are made. 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 8 years. The most famous case is that of Buzzanca v. Buzzanca (Re Marriage of Buzzanca).
Click here to view an interactive “State-by-State Map” of Surrogacy Laws across the United States
Perhaps the answer to surrogacy’s rise in popularity lies in the fact that a certain percentage of potential adoptive parents that not only want a healthy newborn infant but want an infant that is carried by a woman with an exceptionally “clean” health history, who has had prenatal care from day one with no substance abuse herself or in her family and of course, with no mental health challenges.
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.
With the advancement of new medical technology and procedures, much has changed in surrogacy. The one thing that is still the same is that the surrogate mother is willing to be psychologically and physically (medically) screened before a pregnancy is attempted and during the actual pregnancy before the Intended Parents take custody of the child at birth.
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.
If you would like to receive additional information on surrogacy, please contact our office at 323-655-2601 or by email at firstname.lastname@example.org.