Surrogacy in California

Gestational Surrogacy in California

Surrogacy is legal in California. California is often thought of as the “friendliest” state for surrogacy and for good reason—California was the one of the first states to enact a statute (California Assembly Bill 1217) that makes surrogacy available to all. And while there are other states that are similarly supportive and legally secure, between California’s state statute and supportive case law (Johnson v. Calvert (1993) and Buzzanca v. Buzzanca (1998)), California remains one of the most sought after states for surrogacy.

Understanding Surrogacy Laws in California

Legal Parentage

In California, intended parents, regardless of marital status, sexual orientation, genetic connection, or medical need for surrogacy, may obtain a pre-birth order. This is true so long as any portion of the surrogacy occurred in California–specifically: (1) the county where the child is anticipated to be born, (2) the county where the intended parent(s) reside, (3) the county where the gestational carrier resides, (4) the county where the assisted reproduction agreement for gestational carrier is executed, or (5) the county where medical procedures pursuant to the GCA (i.e. embryo transfers) are to be performed. The pre-birth order becomes effective at the moment of birth.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the California Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About California Surrogacy Law

Do You Need a Medical Need for Surrogacy in California?

California does not require a medical need for surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

California permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In California, Intended Parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in California?

International parents can pursue surrogacy in California. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, California allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in California. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in California?

Generally no. Intended parents do not need to be California residents to carry out a surrogacy journey in California. Similarly, gestational carriers are not required to reside in California, but for California law to apply, at least one part of the surrogacy must be completed in California.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

The Uniform Parentage Act (CA Bill 1217) outlines rights of surrogates. Learn more about surrogate rights.