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
Mental health counseling:
Yes
Resident status:
No* (see CA specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
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 marital 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

California Specific Requirements (only one need apply)

Birth anticipated to be in California:
Yes
Birth happened in California:
Yes
Intended Parent(s) reside in California:
Yes
Gestational Carrier resides in California:
Yes
Medical procedure for assisted reproduction was performed in California:
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 choose: “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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