Will these surrogacy laws in California affect your ability to have a child through surrogacy or to become a surrogate?

Learn more about California surrogacy laws here, and find out which laws may impact you.
The California Family Code 7960 outlines the surrogacy laws in California. The state is one of the friendliest towards surrogacy, so it’s one of the easiest places to become a surrogate or a parent through surrogacy.

But even though CA surrogacy laws are some of the simplest and most clear-cut surrogacy laws and regulations in the United States, you’ll still need to work with experienced surrogacy professionals in order to complete your process in accordance with California surrogacy laws.

If you have any questions about surrogacy law in CA, or if you have any pressing legal issues with surrogacy, you should contact a surrogacy attorney. The following information should not be utilized as legal advice, but rather as a basic overview of some of the laws that you may encounter in your CA surrogacy journey.

“Surrogacy is it Legal in California?”

Yes. Popular media often hypes arguments about “illegal surrogacy” or “should surrogacy be legal,” as well as the exaggerated rules and regulations of surrogacy in California. But surrogacy is actually a popular way to grow families in California and across the United States.

The legality of surrogacy in California was officially confirmed in 2012. Not only is surrogacy legal in California, it’s a well-regulated and common method for people to come together for the sake of a common goal – creating families!

“Traditional Surrogacy is it Legal in California?”

Traditional surrogacy is not directly addressed in California surrogacy laws. Because of the lack of traditional surrogacy laws in California, it’s not illegal and is therefore permitted. But this means that it’s not really well-regulated. Traditional surrogacy also always has increased legal and emotional risks associated with it.

Gestational surrogacy laws in California, however, are very clear and make it easy for gestational surrogates and intended parents to pursue their surrogacy goals legally. This is the more common type of surrogacy.

“Compensated Surrogacy Is it Legal in California?”

Yes. Commercial surrogacy is legal in California and is usually regulated by CA surrogacy laws and regulations. Surrogacy compensation does not, legally or ethically, mean that intended parents are giving their gestational carrier money in exchange for their baby. Surrogates are compensated for the time they dedicate, the wages they lose out on, the travel expenses they incur, the medical risks they accept and more. This is an important legal and ethical distinction.

“Same-Sex Surrogacy is it Legal in California?”

Yes. Same-sex couples and LGBT + individuals will experience the same surrogacy procedure as opposite-sex couples, with the exception of potentially requiring an egg or sperm donor for the in vitro fertilization process. The legal processes will be the same as those for opposite-sex lovers or single meant parents. You can learn more about LGBT surrogacy in California right here.

Creating a CA Surrogacy Contract
Intended parents and a gestational surrogate (and her spouse, if applicable) will need to create and finalize a California surrogacy legal contract together before they can begin the medical stages of surrogacy in CA. For this, you’ll need individual attorneys to ensure that both parties are fairly represented throughout the process.

Surrogacy laws in California require that your surrogacy contract contain:

The date the contract was executed
The persons from which the gametes originated
The identity of the intended parent /s/
The process for any necessary pre-birth or parentage orders
Your contract will also typically cover things like the risks and responsibilities that each party is taking on, surrogate compensation, how you’d all like to handle potential “what-if” situations like the surrogate becoming pregnant with multiples, your expectations for getting in touch with and attending important appointments, and other important topics. Your agreement will serve as a roadmap for your surrogacy procedure, including any potential circumstances you could encounter along the way.

When everyone has agreed to the contents of the contracts and they’ve been finalized, you can move on to the medical stage of the CA surrogacy process.

Determining Legal Parentage in California
Pre-birth parentage orders are permitted in California surrogacy legislation, so confirming the designed parents’ legal parental rights prior to the birth of the baby is relatively easy. No hearing is needed to obtain these pre-birth orders.

Only in occasions where unmarried intended parents work with a surrogate who delivers in a state that does not allow pre-birth or parentage orders will the intended parents typically have to complete an adoption in California after their child is born to establish their parental rights. In almost every other situation, a pre-birth parentage order will be able to establish California surrogacy legal rights for intended parents.

To know more about California laws and U.S. laws for Surrogacy contact a professional to help you with your journey in Surrogacy and getting a Surrogacy Contract.


Book a Free Initial Consultation and Contact a professional and get a surrogacy contract process relative to California Surrogacy Laws Now.