Clinic Egg Donor
External Egg Donor
Pre-birth Court Orders
About Hybrid Surrogacy in California
California has been referred to as one of the best States in the USA for surrogacy. There are no restrictions on the sexuality or marital status of Intended Parents and the surrogate is permitted to be compensated provided there is a properly executed Gestational Carrier Agreement.
- IPs complete a profile and bio and undertake blood tests and sperm analysis (as applicable);
- IPs provide identity documents and AFP Police check to IPT Law
- IPs sign agreements with Expecting Surrogacy;
- IPs complete all Expecting Surrogacy documentation, including those to be notarised and apostilled;
- IPs obtain evidence of their inability to carry children;
- IPs sign a Power of Attorney allowing local lawyer to enter into Gestational Carrier Agreements on their behalf;
- IPs have marriage certificate and birth certificates ORIGINALS apostilled;
- If applicable egg/sperm donor selected and agreement signed;
- IPs provide their sperm or eggs to clinic;
- IPs provide clear instructions to the clinic on embryo transfer protocols;
- IPs are introduced to a prospective surrogate within a few days of scheduled FET;
- When a surrogate is confirmed as pregnant the IPs formalise the Gestational Carrier Agreement by executing it directly with the surrogate;
- Throughout the pregnancy we are on call to discuss any issues that may arise;
- Throughout the pregnancy we are on call to discuss any issues of any nature that may arise;
- In the final month of pregnancy the doctor will advise a tentative delivery date;
- Within 3 days after birth the US lawyer will accompany you to obtain the birth certificate;
- Citizenship and passport for the child based on the IPs citizenship are issued quickly.
A summary of Hybrid Surrogacy in California
Availability of Surrogates
About Expecting Surrogacy
Expecting Surrogacy offers a new revolutionary program, operating in the US and Mexico. They utilize the US health care system and surrogacy law combined with a more affordable international component, namely IVF services at Cancun, Mexico and Mexican surrogate mothers with a right of residence in USA.
The embryo transfer is predominantly performed in the Cancun Fertility Centre in Mexico. All prenatal screenings and care are performed in accordance with American College of Obstetricians & Gynaecologists (“ACOG”) and ensuring all Californian requirements are observed. The delivery of your child will take place in one of the USA’s top Women and Infant hospitals, the Sharp Mary Birch Hospital in San Diego.
The program works with surrogates in Baja California (a State of Mexico), who have dual citizenship or hold a permanent residency visa in the USA. They will usually reside in Mexico, near the US border. Expecting Surrogacy guarantees you a fully open relationship with the surrogate you choose. The matching period to find a proper surrogate based on the needs of the surrogate and the recipient couple is approximately 14 days.
The legal aspect of your surrogacy journey will be regulated by Californian law, which is very progressive and surrogacy friendly. We work with leading California surrogacy attorneys, Greg Masler and Stephanie Caballero.
Dr. Jose Alanis-Amezcua
Obstetrics and Gynecology
His team works with the surrogates from the beginning of the process until the delivery of the child. He is fully bilingual in Spanish and English and he is licensed in both the US and Mexico. This gives him a great advantage as he is able to communicate with the surrogates in their own native language.
Dr. Jose Alanis-Amezcua received his medical degree from Universidad Nacional Autonoma de Mexico and has been in practice for more than 20 years.
Dr. Jose Gaytan
Obstetrician and Gynecologist
Dr. Gaytan was a pioneer in using PGD and Vitrification in México and especially Cancun, and he has several relationships with centers of reproduction all over the world. With over 13 years of experience and 6000 patients treated, he has helped many IPs achieve their dream of becoming parents. Dr. Gaytan is currently working as the medical director of the Fertility Center Cancun.
I love golf, reading, and traveling around the world, especially Europe and Asia.
Why We Recommend Expecting Surrogacy
At Global Surrogacy we will discuss your particular circumstances with you and then provide you with a total package price set out in a spreadsheet that includes a payment schedule. The total price includes all fees payable to the surrogate, egg donors, Australian and US lawyers, agencies and the Clinic and our fees.
The approximate total price for the California Hybrid Surrogacy Program is USD $80,000 if using your own embryos. If you decide to undergo IVF with your own gametes, the price will be $85,000. If you need an egg donor the price will range between $92,000 and $97,000, depending on whether you choose a Mexican or US egg donor. There is a price list for optional additional services (eg: PGS) and contingencies (eg: twins). This basic package price includes unlimited embryo transfers using all the embryos you have or can provide.
The total price includes:
- Escrow Agent fee
- Donor and Surrogacy Agency fees
- IVF including ICSI and three transfers
- Donor Fee (Payable after retrieval)
- Donor stimulation medication
- Surrogate mother medical exams
- Surrogate mother medication for preparation and standard infections
- Surrogacy contract and legal fees
- Surrogate mother transportation and accommodation fee
- Support medication after embryo transfer for surrogate
- Surrogate compensation fee
- Pregnancy test
- Review of surrogate application/medical records with Dr. Jose Maria Alanis-Amezcua
- Prenatal vitamins
- Full insurance purchased through Covered CA during Open Enrolment
- Regular medical visits and tests during pregnancy
- Standard prenatal screenings
- Pre-Birth Order
- Surrogate housing for one month in San Diego
- Fully screened surrogate
- Psychologist visits for surrogate during pregnancy
- Transport for parent(s) to/from airport in San Diego for delivery
- Birth fee at private hospital
- Complications arising for the surrogate during delivery or pregnancy
- Dr Jose Maria Alanis-Amezcua fee for delivery
- Post birth care of surrogate by Doctor Jose Maria Alanis-Amezcua
- Surrogate transportation home
- Assistance with birth certificate and conclusion of surrogate contract
- Global Surrogacy project management fee
- IPT Law legal fees for non-US citizenship, passport and legal parentage;
An overview of Surrogacy Laws in California
The laws in respect of surrogacy in California are very supportive of surrogacy arrangements and were only revised in 2013 to fully permit compensated surrogacy. In 2013, the California Assembly Bill 1217 amended section 7960 of the California Family Code relating to surrogacy agreements.
The Bill 1217 is very progressive and ensures a non-discriminatory approach to surrogacy agreements. The new article 7960 defines intended parents as “an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.” This shows that all prospective parent(s), gay, straight, married or unmarried, are equal in the eyes of the law.
The intent to be legally bound as the parent of the child is the main criteria. The notion of intent has taken a prominent place in Californian surrogacy law. In the Re Marriage of Buzzanca case, regarding a couple who had no biological link to their child born through surrogacy, the Californian Court of Appeal ruled that the intent of the parents to bring a child into the world outweigh the absence of any genetic link to the child.
Without the parents’ intention and efforts, the child would not have been born. It is therefore not required for intended parents to prove a genetic link to the infant in order to establish their parental right. In regard to Gestational Surrogacy Agreements, article 7962, c of the amended Family code requires the surrogacy agreements to be notarized.
The surrogate mother and the intended parents need to be “represented by different independent licensed attorneys” as is set out in art. 7962, b. Furthermore, art. 7962, e states that “both parties to the agreement have to attest, under penalty of perjury as to their compliance with the provision”.
In relation to the establishment of parental rights, the new bill declares that the intended parents are allowed to establish parentage before the child’s birth (art. 7962, 2). These, however, become effective on the moment of birth. The parentage action may be filed in four possible counties. Firstly, in the county where the child is anticipated to be born. Secondly, in the county where the surrogate or intended parents reside. Thirdly, in the county where the agreement was executed.
Fourthly, in the county where the medical procedures were performed. A copy of the gestational surrogacy agreement will have to be lodged with the court as part of the parentage action (art. 7962, e). Provided pre-birth order is obtained from the Courts prior to the birth of the child then a birth certificate reflecting the IPs names will be available within a week of the birth of the child.
The laws surrounding assisted reproductive technology are continuously evolving, it is extremely important for Intended Parents to seek advice from a US lawyer experienced in this area to guide them through the legal process.
Heterosexual and homosexual couples can legally enter into a Gestational Carrier Agreement using their own gametes or totally donated gametes.
A Court in any County in the State of California can make an order confirming the validity of the Gestational Carrier Agreement and directing the manner in which the birth certificate is to record the parents.
California law is clear in providing that the gestational carrier has no parental rights over the child and there is no ability for her to change her mind.
The birth certificates can list the names of one or both intended parents, regardless of gender or sexual orientation. The certificate is normally issued within a week of the child’s birth.
The child will be a US Citizen and obtain a US passport. It is strongly recommended that the child depart USA on its US passport.