Posted by Andrew Vorzimer on April 20, 1997 at 16:28:22:
In Reply to: gestational surrogacy posted by Grace on April 20, 1997 at 15:03:08:
: To anyone who would like to comment on the following questions:
: I am a student at UC Berkeley and I am currently doing a research on gestational surrogacy.
: I would like to know if the Johnson v. Calvert case has caused any impact in California.
: This case upheld that gestational surrogacy contract as vaild and binding contract that can be enforced.
: 1. Is there an increase for gestational surrogacy over traditional surrogacy? Do you think it is caused by this case?
: 2. More demand for attorney serivces in regarding the drafting of surrogated contract?
: 3. More people are coming to CA for surrogate?
Actually, it is a common misperception that the California Supreme Court determined that a gestational surrogacy contract is valid and enforceable. Instead, they looked to the statutory framework in place in California. In so doing, the Court was confronted with a situation where both the biological mother and the gestational carrier would be presumed to be the "mother" under California law. To "break the tie" between these competing presumptions, the Court looked to the Contract to determine the intent of the parties. In so doing, they found that the contract manifested the intent of the parties to give the child to the intending parents.
I have found that while traditionally 50% of our clients would use Artifical Insemination and 50% would use In Vitro Fertilization, the percentage is rapidly shifting towards IVF. From a legal standpoint, IVF affords the most degree of certainty, followed by IVF with an Egg Donor, and lastly, traditional surrogacy (AI).
We are finding an increasing number of couples coming to California looking for a California surrogate because of the Calvert case, as well as the cases since then.
Finally, as to an increased demand for attorney services, I believe it has increased as physicians are now requiring as a prerequisite to going forward with any procedure that all parties have consulted with their own attorneys. Moreover, most now require a clearance letter from the attorneys.