Essentially, a carefully drafted agreement will give all parties the confidence that a child born through egg donation will be free of any legal conflict; therefore, it is critical that the egg donor and her spouse relinquish their parental rights. This Agreement must be drafted in such a way to ensure that all parties understand and agree that any child born pursuant to this Agreement is considered the child of the Intended Parents.

In addition, a carefully drafted Agreement will specify that it is the egg donor's intent not to establish any form of parent-child relationship with any child born pursuant to this Agreement, as well as release the donor from any and all responsibilities regarding the care of the child. The Agreement will also address financial obligations of the Intended Parents, medical and psychological screening and the ownership and use of excess embryos.

Prior to the birth of the child, the Intended Parents are required to file legal documents in the jurisdiction in which their baby is to be born. Once the documents to establish maternity and paternity are filed and executed by a California Superior Court judge, custody of the unborn child is awarded to the Intended Parents as soon after the birth as medical considerations will allow. Furthermore, the court also orders the birth hospital to enter the names of the Intended Parents on the original birth certificate. This eliminates the necessity of any adoption proceedings and legally recognizes the relationships that the parties intended.

Historically, traditional surrogacy carried the most risk in California since there was no reassurance that the custody of the child will be awarded to the Intended Parents in the event the surrogate repudiates the contract and asserts her maternity. However, a recent California Court of Appeal decision has arguably extended the same protections afforded in gestational surrogate arrangements to that of a traditional surrogacy.