Gestational Surrogacy Law in California

California Family Law Sections 7960 7962 (2013) outlines the surrogacy laws in California; these laws are some of the most straightforward in the United States making it one of the easiest places to become a parent through surrogacy.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in California, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.

Most Common FAQ about surrogacy in California

Below is a list of some of the most frequently asked questions about surrogacy in California.

Is Gestational Surrogacy Legal in California?

Yes. Gestational surrogacy is a common and well-regulated way to build your family in California.

Is Traditional Surrogacy Legal in California?

Yes. Traditional surrogacy is not directly addressed in California surrogacy laws; therefore it’s not illegal but this means that it’s not well regulated. Traditional surrogacy is also more difficult to navigate legally and typically has more emotional risks associated with it since the surrogate is genetically tied to the baby.

Is Compensated Surrogacy Legal in California?

Yes. Compensated surrogacy is legal in California and is regulated by California surrogacy laws. This is something that is established when the surrogacy contract’ between surrogates and intended parents is drafted.’ In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

Mock cycle compensation
Embryo transfer compensation
Starting medication compensation
Monthly allowance for miscellaneous expenses
Monthly Housekeeping budget
Maternity clothing budget
Medical expenses
Travel to and from clinic/hospital
Lost wages if applicable
Child care if bed rest is required
Term life insurance
Medical insurance
Independent legal counsel
Psychological counseling
Other depending on agency
Creating a California Surrogacy Contract

Creating a California Surrogacy Contract

California surrogacy laws require that both parties in a surrogacy agreement have their own legal representation when drafting a surrogacy agreement or contract.’ By law, a surrogacy contract in California must contain:

The date it was executed
The source of the egg, sperm or embryo (if applicable)
The identity of the intended parent(s)
The process for any necessary pre-birth or parentage orders

The attorneys will work together to negotiate an agreement that addresses at least the following:

Risks and responsibilities of each party Surrogate compensation
Agreement on sensitive issues like selective reduction and termination
Expectations on contact and who will be present at important appointments and during birth
And more

Surrogate contracts must be notarized before any medication in connection with the embryo transfer procedure. Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.

Determining Legal Parentage in California

Pre-birth parentage orders are permitted in California surrogacy legislation. No hearing is needed to obtain these pre-birth orders so confirming the intended parents legal parental rights prior to the birth of the baby is relatively easy.’ The exception to this would be if unmarried intended parents work with a surrogate who delivers in a state that does not allow pre-birth or parentage orders, they will usually need to complete an adoption in California after their child is born to establish their parental rights.

Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in California?

Yes. Surrogacy contracts completed legally according to the state statutes are enforceable in California.

Are There Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in California?

No. All surrogacy laws in California that apply to domestic intended parents also apply to international intended parents.’ It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.

When do Intended Parents Need to Complete an Adoption After Birth?

When unmarried intended parents from California work with a surrogate who gives birth in a state where they cannot obtain a pre-birth or parentage order, they can return to California to complete an adoption and establish their parental rights.

Does Calfornia Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?

Yes. Second-parent adoptions are available to unmarried couples to secure their parental rights over a child who is conceived via a gestational carrier arrangement. Stepparent adoptions are available to married couples.

What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?

Intended parents who complete a surrogacy in California are usually able to obtain a pre-birth order regardless of whether they used a donor egg, sperm or embryo.’ California laws clearly state that neither a sperm donor nor an egg donor is a parent when their gametes are used in assisted reproduction and result in a child.

Same Sex surrogacy

Is Same-Sex Surrogacy Legal in California?

Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor to complete the IVF procedure.

Are There any Additional Laws Impacting Same-Sex Parenting in California?

No. There are no additional laws impacting same-sex surrogacy in this state.

This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act. Any retransmission or use of this document or any map herein is expressly prohibited without prior and express authorization of SurrogateFirst Corp.
SurrogateFirst Corp. is not providing legal advice to users of this website, nor does use of any of the maps or summaries on this website constitute or create any attorney-client relationship between SurrogateFirst Corp. and users of this site.

This website is not intended to substitute for consulting with legal counsel in the appropriate local jurisdiction. SurrogateFirst Corp. makes no warranties that the information on this site is current, accurate, or that favorable results that have been obtained in prior cases will be obtained in future cases.

Please advise us of any state law updates at info@surrogatefirst.com.

Gestational Surrogacy Law in California

Most Common FAQ about surrogacy in California

Same Sex surrogacy

Need some help with Legal Aspects in this state?