Southern California Family Law Attorney Blog

In the majority of cases, regardless of whether she gives birth in California or another state, when a woman acts as a surrogate mother for another person or couple, she does not typically have any parental rights for the child she carries. There are some situations where a woman may retain certain rights, but in those cases, they often sign surrogacy agreements relinquishing those rights before the birth. For some same-sex couples, however, surrogacy laws and arrangements can become somewhat complicated.

According to reports, a woman in Nevada recently won the right to pursue seeking child custody for a child that she gave birth to. A lower court had initially denied her petition for custody on the basis that she was only a surrogate. The woman reportedly carried and gave birth to the child, but the child was conceived through the implantation of one of her partner’s eggs, which had been fertilized by an anonymous donor.

The woman appealed the initial court’s ruling and the state’s Supreme Court eventually overturned it. In a unanimous decision, the Supreme Court reportedly ruled that it is in the best interests of the child to have the opportunity to be supported and cared for by two capable and loving parents. According to reports, the decision was in large part due to a joint parenting agreement that the two women had signed prior to the birth of the child.

If you are involved in a child custody dispute, it may be important to consult with an experienced attorney. A lawyer can explain your options and will look out for your interests throughout the legal process. In addition, legal counsel will be able to answer any questions or address any concerns that you may have.

Source: Reno Gazette-Journal, "Court: Nevada mom who used partner’s egg can seek child custody", Sandra Chereb, Oct. 4, 2013