Kim Kardashian’s third baby is expected to be born in January 2018! Read below for her legal agreement details with her surrogate!
In the United States, laws concerning surrogacy can vary widely from state to state. The state of California is very accepting of surrogacy agreements. In fact, it is commonly referred to as a “surrogacy friendly” state. California is one of a few states that currently allow intended parents to establish legal parentage rights before the birth of their child (or children) without having to go through adoption proceedings as is necessary in most states. California law allows this regardless of whether the intended parents are married or if they are members of the LGBT community.
The following are the requirements that all invested parties must adhere to before, during, and post-birth in order for the agreement to be valid and upheld by courts if needed:
• California surrogacy law requires that the intended parents and surrogate are represented by separate legal counsel. They cannot share the same lawyer who would be representing both of their interests during this time.
• Gestational surrogacy agreements must be notarized in order to be considered valid under the law, and these agreements must be executed and notarized before the administration of the medications that are used in assisted reproductions or embryo transfer procedures.
• California law also require that all parties within a gestational surrogacy agreement attest to their compliance with all relevant laws or face a charge of perjury.
The laws in California are very clear as to the requirement for intended parents to establish their parentage before the baby’s birth. With the aid of an attorney, a series of steps must be taken in order to file a copy of the surrogacy agreement in a court of law. Once this has been completed, records of the agreement will be sealed except to the intended parents, the gestational carrier, the attorneys of both parties, and the state’s Department of Social Services.
Regarding Kim and Kanye surrogacy agreement, the have agreed to the below and pay the following: — $45,000 in 10, $4,500 monthly installments:
– If there are multiples, the surrogate gets $5k for each additional kid — If the surrogate loses reproductive organs, she gets $4,000
-Kim and Kanye are also required to deposit $68,850 with the agency.
-The surrogate is required to refrain from smoking, drinking and drugs during the pregnancy. She also agrees to restrict sexual activities in the weeks leading up to the pregnancy, including foregoing sexual intercourse for 3 weeks following embryo implantation.
-The surrogate cannot go in hot tubs or saunas, cannot handle or change cat litter, apply hair dye, drink more than one caffeinated beverage per day or eat raw fish.
-The agreement provides that Kim and Kanye “assume the legal and parental responsibilities for any child … that may possess any congenital or other abnormalities or defects.”
What are your thoughts? Should Kim K have gone this far to have a 3rd baby?