The Spar Technology

How are same-sex parents named on the final birth certificate? As of 1/1/16, parents can choose father, parent, or mother.

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  Yes

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?   Yes

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in California (i.e., neither of the Intended Parents lives in California)?  Yes, but only if the Gestational Carrier lives in California.

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. California Family Code 7613 specifies that a neither a sperm donor nor an egg donor is a parent when sperm or eggs are provided during as result of assisted conception.

If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  Yes, the court’s decision in Buzzanca v. Buzzanca (citation above) makes it clear that neither an egg donor nor a sperm donor are the legal parent.

Bringing your baby home: Step-By-Step Although exact requirements of every embassy are different, nearly all countries require some form of the following process. Here is a “big picture” understanding of the legal journey that you and your family must take. Before you get the child’s passport you likely will have to complete the first 3 steps below. The exact amount of time required will depend on the specific documents your embassy will request. For that, you must contact the embassy directly (and it is often very useful to have a local lawyer assist with this). The final step is the most complicated and time consuming, but happens only after you return home.

1) Register the child as a citizen be descent by proving your own citizenship and the child’s genetic relationship to you. This can require a DNA test plus supporting documentation. This may take 2 weeks for DNA tests plus time at the embassy to process the request. (It will also require a local birth certificate, which will be provided in a couple of days.) Additional supporting documents may be requested, including hospital records, IVF reports, and a medical exam to verify that the child was conceived as described and then born to the surrogate mother. PFC local team will be able to provide all of these documents, or (in the case of the DNA test) to assist you in the appropriate applications.

2) Prove the legal mother has waived her parental rights and granted you authority to leave the country with the child, apply for a changed citizenship, and (later) have your spouse adopt the child. A simple affidavit could take one week, but if the embassy insists on a court-ordered custody or parentage decree, this could take 4 to 6 weeks or more. As part of our surrogacy agreement, your surrogate mother will provide multiple documents waiving her parental rights, and acknowledging you as the sole legal parent of the child. In most cases this is sufficient, but our local legal resources are available to provide any additional documents are requested by your embassy.

3) Apply for the passport or other travel documents. For most countries, this takes about 2 – 3 weeks, but can often be expedited in hardship cases. Passport applications must be made by the parents of the child, although we will be able to assist as needed.

4) Establish you (and your spouse’s) parental rights (and remove the parental rights of the surrogate mother) through an adoption or similar proceeding. This will be done in your home country, and often can take several months.