| INTENDED
FATHER'S SPERM |
INTENDED
MOTHER'S EGG |
INTENDED
MOTHER'S WOMB |
ESTABLISHING PARENTAGE
|
|
| 1. | YES |
YES |
YES |
Natural birth. No parentage issues. |
| 2. | YES |
YES |
NO |
Gestational surrogacy. No issue if properly drafted drafted gestational surrogacy agreement. |
| 3. | YES |
NO |
YES |
Egg donation. Egg donor's right to parentage is legally untested. Requires a properly drafted egg donation agreement. |
| 4a. | YES |
NO |
NO |
Surrogate's egg NOT used: Gestational surrogacy. Egg donor's right to parentage is legally untested. Requires a properly drafted egg donation and gestational surrogacy agreement. |
| 4b. | YES |
NO |
NO |
Surrogate's egg USED: Traditional surrogacy. Intended mother must file a step parent adoption petition. Complications could arise if surrogate withdraws her consent to adoption. |
| 5. | NO |
YES |
YES |
Sperm donation. No issue as long as sperm was provided to a licensed physician and surgeon; husband, if applicable, gives his written consent to artificial insemination procedure; and, procedure is conducted under supervision of a licensed physician and surgeon. |
| 6. | NO |
YES |
NO |
Sperm donor and gestational surrogate. If gestational surrogate is married, her husband must be made a party to a properly drawn gestational surrogacy agreement. Sperm must have been provided to a licensed physician and surgeon. |
| 7. | NO |
NO |
YES |
Sperm and egg donation. Egg donor's right to parentage is legally untested. Requires a properly drawn egg donor agreement and sperm to have been provided to a licensed physician and surgeon. |
| 8. | NO |
NO |
NO |
Independent adoption. Must file adoption petition. |
DEFINITIONS:
Intended: Party seeking to become legal parent of child conceived through medically assisted procedure.
Gestational Surrogate: Where a third-party carries the egg of another. She has contributed no genetic material.
Traditional surrogate: Where a third-party provides and carries her own egg, fertilized with sperm provided by the intended.
IMPORTANT NOTE:
The above guidelines represent a summary interpretation of CALIFORNIA law only. Major differences may exist from State to State. You are advised to seek the assistance of a qualified attorney before considering any of the above options. We are associated with several leading attorneys specializing in the above noted legal arrangements.
COMMON DEFINITIONS USED IN FERTILITY*
Fertility:
The ability to conceive a pregnancy.
Fecundity:
The ability to conceive a pregnancy and carry it to term.
Infertility:
Difficulty achieving conception. In many studies, infertilty is defined as the failure of a couple to cenceive, despite unprotected intercourse, after a certain amount of time (usually 6 - 12 months).
Impared fecundity:
Difficulty conceiving or carrying a pregnancy to term, including situations in which pregnancy has been deemed medically risky for the woman and/or her offspring.
Primary infertility:
Infertility in persons who have never had children.
Secondary infertility:
Infertility in persons who have already had children.
Sterility:
Permanent infertility.
Surgical sterility:
Inability to conceive or carry a pregnancy to term as a result of surgery. This catergory includes both the "contraceptively sterile," people who have sterilizing operations such as tubal ligation or vasectomy, and the "noncontraceptively sterile," people who are sterile as a result of surgery for other medical conditions (such as endometriosis, fibroid tumors or cancer).
* Adapted from the New York State Task Force on Life and the Law
THE FERTILITY INSTITUTES
818-776-8700
http://www.fertility-docs.com