For many international families, the dream of building a family through surrogacy leads them to the United States. But not all U.S. states offer the same legal protections. California stands apart, not just as a surrogacy-friendly state, but as the gold standard.
This guide breaks down the specific surrogacy laws that make california surrogacy laws for international parents well suited.
1. Parentage Is Established Before Birth
- California courts allow for pre-birth parentage orders, meaning the intended parents are recognized as the legal parents before the baby is born.
- This applies to married or unmarried couples, LGBTQ+ families, single parents, and those using egg or sperm donors.
- The surrogate’s name does not appear on the final birth certificate.
- There is no requirement for a genetic connection to the child.
This legal clarity provides peace of mind, especially for parents traveling from overseas. They can take their baby home with a birth certificate that clearly reflects their parentage.
2. No Residency or Citizenship Requirement
California surrogacy laws for international parents do not require intended parents to live in the state or be U.S. citizens.
Whether you’re from China, Israel, France, Spain, or elsewhere, you are still eligible to file a surrogacy contract and obtain a court order.
This is why many families choose California as the birth state, even if their surrogate lives elsewhere.
3. Commercial Surrogacy Is Legal and Protected
California is one of the few states that explicitly permits compensated (commercial) surrogacy.
This means:
- Surrogates are fairly compensated
- All parties sign legally binding contracts
- Medical and legal standards are upheld
In contrast, some U.S. states restrict or do not enforce surrogacy agreements making California’s clear protections even more valuable.
4. Court Systems Are Experienced with Surrogacy laws for international parents
California courts process hundreds of surrogacy cases each year. Judges are familiar with the process and rarely deny parentage petitions when the legal steps are followed correctly.
This predictability is especially important for families coordinating international travel and timelines.
5. Inclusive of All Family Types
California surrogacy laws protects the rights of all international intended parents — regardless of gender identity, sexual orientation, or relationship status.
Whether you’re:
- A same-sex couple
- A single father or mother
- A couple using donor eggs or sperm
- A non-biological parent
You will be legally recognized from the start.
Final Thoughts from Parham Zar
At EDSI, we’ve supported hundreds of international families in navigating California’s surrogacy process. What makes it unique isn’t just the legal strength rather it’s the warmth, dignity, and care this state extends to every family configuration.
When laws work with love, families thrive.
BOOK YOUR CONSULTATION:
www.eggdonorandsurrogacy.com
CALL: 310-209-1898
EMAIL: edsi@eggdonorandsurrogacy.com
