Gestational Surrogacy in California

California Surrogacy Laws

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Gestational Surrogacy in California

Gestational Surrogacy is permitted by statute, California Family Law Sections 7960 – 7962 (2013), with additional long-standing supporting case law: Johnson v. Calvert (1993), and Buzzanca v. Buzzanca (1998).

Become a Surrogate Become a Parent

Pre-birth Parentage Orders

County of the child’s birthplace, county of the Intended Parent’s residence, county of the Gestational Surrogate’s residence, county where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

No, but there are procedural variations.

It varies by county, but most counties do not require a hearing.

Yes. Under CA Family Code, Section 7962(e), an action may be filed in (1) the county where the child is anticipated to be born, (2) the county where the intended parent or intended parents reside, (3) the county where the surrogate resides, (4) the county where the assisted reproduction agreement for gestational carriers is executed, or (5) the county where medical procedures pursuant to the agreement are to be performed.

Varies by county, but the typical time frame is 5-10 business days.

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

Married heterosexual couple using own egg and own sperm:

Married heterosexual couple using an egg donor or sperm donor:

Unmarried heterosexual couple using own egg and own sperm:

Unmarried heterosexual couple using an egg donor or sperm donor:

Married same-sex couple using a new donor or sperm donor:

Unmarried same-sex couple using an egg donor or sperm donor:

Single parent using own egg or sperm:

Can both Intended Parents be declared the legal parent in a pre-birth order if no parent is genetically related to the child?

Married heterosexual couple:

Unmarried heterosexual couple:

Same-sex couple:

Single parent:

Same-Sex Couple

As of 1/1/16, parents can choose father, parent, or mother.

Yes, but only if the Gestational Carrier lives in California.

Second Parent & Stepparent Adoptions for California Residents

Yes, the couple must either be married or registered domestic partners.

Yes, the couple must either be married or registered domestic partners.

Egg and Sperm Donation

Yes. California Family Code 7613 specifies that a neither a sperm donor nor an egg donor is a parent when sperm or eggs are provided during as result of assisted conception.

Yes, the court’s decision in Buzzanca v. Buzzanca (citation above) makes it clear that neither an egg donor nor a sperm donor are the legal parent.

Traditional Surrogacy in California

Traditional Surrogacy is permitted in California because no statute or published case law prohibits it. The Intended Parent may file a parentage order (pre- or post-birth), but it would be at the discretion of the court whether and when to grant it.

View The Surrogacy Map

State law information provided by the following attorneys practicing Reproductive Law in this state:

Michelle Keeyes

San Diego, CA

michelle@rlcsd.com

rlcsd.com/michelle-a-keeyes-esq

(888) 259-6000

Stephanie Caballero

Carlsbad, CA

stephanie@surrogacy-lawyer.com

surrogacy-lawyer.com

(760) 438-0558

Other attorneys practicing Reproductive Law in this state:

Ellen Trachman

Denver, CO
etrachman@trachmanlawcenter.com
trachmanlawcenter.com

Kimberly Surratt

Reno, NV; Las Vegas, NV
kim@surrattlaw.com
surrattlaw.com

Law Office of Tamara Daney

Oakland, California
tdlaw1@aol.com
daneylaw.com

Tsong Law Group A Professional Corporation

Cerritos, California
ralph@tsonglaw.com
tsonglaw.com

Law Offices of Robert Rettenmaier

Santa Ana, California; Los Angeles, California
rrettenmaier@rettenmaierlaw.com
rettenmaierlaw.com

All Family Legal | The Law Office of Amira Hasenbush

Los Angeles, California
amira@allfamilylegal.com
allfamilylegal.com

John Weltman

jweltman@weltmanlaw.com
weltmanlaw.com
617-439-9600

The Law Offices of D. Durand Cook

Culver City, CA
Durand@adoption-option.com
adoption-option.com

Cynthia E. Fruchtman

Santa Monica, CA
cynthia@fruchtmanlaw.com
fruchtmanlaw.com

Erin C. O’Kane, Esq.

Poway, CA
erinokaneesq@gmail.com
lawofficeerinokane.com

Law Offices of Stephen C. Zollman

CAszollman1@gmail.com
linkedin.com/in/szollman

International Fertility Law Group

Rich Vaughn: Rich@iflg.net
Molly O’Brien: Molly@iflg.net
Los Angeles, CA 90036
iflg.net

See Why People Choose CFC for Their Surrogacy Journey

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Dana Vanden Boogart03/01/2022

“I was a surrogate with CFC in 2021 and had a wonderful experience working with them. Everyone I had contact with showed care and compassion about every aspect of the process and really made me feel like they cared about me as a person, not just as someone who could carry a child for someone else. I’m truly glad I chose them to work with.”

Chatima Hughes03/01/2022

“I was a first time surrogate with Creative Family Connections, and my experience with CFC was amazing! There aren’t enough words to describe how great this company is. From the very beginning, the recruiters and journey coordinators were wonderful; very helpful and guided me through each step of the process.”

Kristina Jimenez01/01/2022

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

View the Map!