Gestational Surrogacy Regulations in California

Overview

Gestational Surrogacy is permitted by California Family Law Sections 7960-7962. California
is regarded as a highly surrogacy friendly state, both for heterosexual couples as well as for
same-sex couples.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No* (see CA specific requirements)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No* (see CA specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in California:
Yes
Birth outside of California:
Yes, as long as there is a connecting factor to California

Pre-Birth and Post-Birth Orders are permitted and may be obtained regardless of the martial
status or sexual orientation of the Intended Parent(s).

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Usually no, varies by jurisdiction
Post-Birth Orders:
Yes

General Information

Will California Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
5-10 business days
How are same-sex parents named on the final birth certificate:
Can chose: “Father,” “Mother,” or “Parent”
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for California Residents:

*This situation typically arises if the child is born outside of California. The parents then return to California to obtain a second parent adoption or stepparent adoption in California. If the couple is unmarried, they may proceed with a second-parent adoption, requiring a home study and hearing. If the couple is married and is unable to obtain a parentage order, they may proceed with a stepparent adoption that does not require a home study or hearing. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in California?

*Traditional Surrogacy in California is permitted by California Family Law Sections 7960-7962 (reference to “traditional surrogate”) Although it may be allowed in California, it is not the general accepted practice*
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