California gestational surrogacy laws provide a supportive, clear, and surrogacy-friendly legal framework. Gestational surrogacy contracts in California are explicitly legal, enforceable, and regulated, offering comprehensive protections for intended parents, surrogates, and egg donors.
Under California Family Code § 7960-7962, known as the Uniform Parentage Act, gestational surrogacy arrangements are clearly supported
and regulated. California surrogacy agreements are legally binding and enforceable, provided requirements such as independent legal representation, notarization, and proper documentation are fulfilled.
California routinely issues pre-birth parentage orders, allowing intended parents to secure their parental rights legally before the birth of the child. Obtaining a pre-birth order in California is a streamlined process typically completed without a court hearing, ensuring peace of mind and legal security for intended parents.
California surrogacy law is inclusive and specifically
supports LGBTQ+ surrogacy, single-parent surrogacy, and international surrogacy
arrangements. Intended parents, regardless of sexual orientation, marital
status, or nationality, benefit from equal protection and straightforward
parentage establishment processes, making California a top choice for diverse
family-building journeys.
California fully supports gestational surrogacy, making it one of the most surrogacy-friendly states. Gestational surrogacy arrangements are legal, common, and strongly protected by California law.
Pre-birth parentage orders are routinely granted in
California, offering intended parents clear and secure legal parental rights
prior to the child’s birth. The process is streamlined and typically does not
require a court appearance.
California is inclusive and supportive of LGBTQ+ surrogacy, single-parent surrogacy, and international surrogacy arrangements. The state ensures equal protections and simple legal processes for diverse intended parents regardless of marital status, sexual orientation, or nationality.
Surrogacy contracts in California are explicitly legal and fully enforceable. The state provides clear statutory guidelines ensuring all agreements are protected and binding when legal requirements are met.
California’s pre-birth orders allow intended parents’ names to appear directly on the child’s birth certificate at birth, eliminating the need for additional legal proceedings post-birth.
Court hearings are typically unnecessary in California surrogacy cases. Pre-birth parentage orders are commonly granted administratively, simplifying the process for intended parents.
In California, parental rights in gestational surrogacy arrangements are clearly protected regardless of the genetic connection between intended parents and the child. Whether using their own genetic material or donor eggs, donor sperm, or donor embryos, intended parents benefit from straightforward legal recognition of their parental status. California law explicitly states that donors relinquish any parental rights, ensuring secure and uncontested parentage for intended parents. Pre-birth parentage orders further solidify these rights, offering full legal protection from birth and providing confidence and clarity throughout the surrogacy journey.
In California, intended parents who both contribute genetic material typically experience a straightforward legal process. Courts routinely grant pre-birth parentage orders, securing clear legal recognition and establishing full parental rights before the child is born.
California law strongly supports intended parents, even when only one parent shares a genetic connection with the child. Pre-birth parentage orders clearly recognize both genetic and non-genetic intended parents equally, eliminating the need for additional adoption or post-birth legal actions.
California fully supports intended parents using donor eggs, donor sperm, or donor embryos. The state consistently issues pre-birth parentage orders even without genetic ties, ensuring both intended parents’ names appear directly on the child’s birth certificate without the necessity for additional legal procedures such as adoption.
California surrogate qualifications typically include being
between 21-40 years old, having previously delivered at least one healthy
pregnancy, undergoing medical and psychological evaluations, and having a
stable living environment and financial situation.
The surrogacy process in California usually takes between 14
to 18 months, from initial matching to the birth of the child. The timeline includes
surrogate matching, legal contract drafting, medical procedures, pregnancy, and
birth.
While traditional surrogacy is not explicitly prohibited in
California, gestational surrogacy (where the surrogate has no genetic
connection) is strongly preferred due to clearer legal protections and simpler
parentage establishment.
California law allows surrogates to receive compensation for medical expenses, travel, lost wages, maternity clothing, and other pregnancy-related costs, in addition to base surrogate compensation agreed upon in the surrogacy contract.
California provides strong legal protections, meaning once a
surrogacy contract is signed and notarized, the surrogate cannot legally change
her mind regarding parentage rights. Pre-birth parentage orders reinforce
intended parents’ legal protections.
Health insurance coverage for surrogates is strongly recommended in California and is typically required by surrogacy agencies. Intended parents often cover health insurance costs as part of the surrogacy agreement to ensure adequate coverage during pregnancy and delivery.
We work to build families all over the world. Whether you are located in the United States or abroad, we ensure that your experience is legal, safe, and filled with love.
