California Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in California
California is widely recognized as the most surrogacy-friendly state in the nation. Clear statutes, decades of affirming case law, and an inclusive approach to modern family building make it one of the safest and most predictable places to complete a gestational surrogacy journey.
At Fertility & Surrogacy Legal Group, APC (FSLG), our California-licensed attorneys guide intended parents, gestational carriers, and donors through every legal step — with clarity, precision, and proactive protection from the very beginning.
Why California Is a Leader in Assisted Reproduction
California’s legal environment has long been considered the “gold standard” in Assisted Reproductive Technology (ART).
Its advantages include:
Explicit statutory recognition of gestational surrogacy
Pre-birth and post-birth parentage orders
Equal access for married and unmarried intended parents
Full inclusion of gay, lesbian, transgender, and nonbinary parents
Parentage orders available even without a genetic connection
Flexible parental designations on birth certificates (“Mother,” “Father,” or “Parent”)
Enforceable contracts with mandatory protections
Pathways for international intended parents whose child is born in California
These protections create a stable and supportive environment for everyone involved in the surrogacy process.
Surrogacy in California: What You Can Expect
California’s legal system provides a predictable, legally secure framework that supports:
Intended Parents
Complete, court-recognized parental rights — regardless of genetics, marital status, or sexual orientation.
Gestational Carriers (Surrogates)
Clear legal protections, independent counsel requirements, and enforceable agreements that safeguard health, compensation, and expectations.
Egg, Sperm & Embryo Donors
Defined rights and obligations, ensuring donors are not legal parents when statutory requirements are met.
This clarity allows families to move forward with confidence, knowing the law is firmly on their side.
Who We Assist in California
FSLG supports the full spectrum of individuals and organizations involved in assisted reproduction, including:
LGBTQ+ Family Protections in California
California is one of the most inclusive ART jurisdictions in the world. It provides:
- Equal access to parentage orders for gay and lesbian couples
- Parental designation flexibility on birth certificates
- Strong protections for non-biological parents
- Options such as second-parent and stepparent adoption when needed
For deeper guidance, parents may explore:
Your Path to Legal Parentage in California
Because parentage law is clear and well established, intended parents can expect a smooth, predictable process.
Parentage Orders
California courts may issue parentage orders:
- Pre-birth, establishing parental rights before delivery
- Post-birth, if circumstances require
Parentage orders are available for:
- Married and unmarried couples
- Gay and lesbian parents
- Transgender and nonbinary parents
- Single intended parents
- Parents using donor gametes
- Parents with no genetic connection
Hospital & Vital Records Coordination
FSLG works directly with hospitals and vital records offices to ensure:
- The correct names appear on the birth certificate
- Staff understand and apply the parentage order
- All required forms and filings are completed correctly
- No delays occur in processing California birth records
Clients requiring more in-depth guidance can visit our Hospital & Vital Records page for a full overview of certificate processing, amendments, and documentation needs.
Donor Agreements
Our team prepares or reviews:
- Egg Donation Agreements
- Sperm Donation Agreements
- Embryo Donation Agreements
These agreements clarify rights, expectations, and responsibilities for all parties.
Funds & Financial Management
Our secure in-house escrow management ensures compliance with California requirements and provides full transparency.
Passport & Travel
If your child is born in California and you reside outside of the state, we guide you through the vital records and the documentation required for travel.
California is also a common delivery state for international families. FSLG assists with the vital records coordination necessary for securing passports and home-country documentation after birth.
Frequently Asked Questions: California Surrogacy Law
Is gestational surrogacy legal in California?
Yes. Surrogacy is expressly permitted under California Family Code §§ 7960–7962, enacted in 2013.
Do I need to live in California to obtain a parentage order?
No. Intended parents do not need to reside in California if their child is born here.
Can same-sex couples obtain pre-birth parentage orders?
Yes. California grants equal access regardless of marital status, genetics, gender, or sexual orientation.
When is a second-parent or stepparent adoption required?
If a parentage order cannot be issued:
- Second-parent adoption is available to unmarried couples
- Stepparent adoption is available to married couples
(Family Code §§ 8800–8823 and §§ 9000–9007)
Are donors considered legal parents in California?
No. Under Family Code § 7613, donors are not parents when statutory requirements are followed.
What cases define California’s parentage approach?
- Johnson v. Calvert (1993) — Intent establishes legal parentage
In re Marriage of Buzzanca (1998) — Intended parents may be legal parents even without genetics
Legal Summary: California Surrogacy & Parentage Law
Statutes
- Family Code §§ 7960–7962 (operative 2013) — Requirements for gestational surrogacy agreements
Family Code § 7613 — Donor conception and parentage rules
Parentage Orders
- Pre-birth and post-birth
- No genetic link required
- Available to married, unmarried, LGBTQ+, and single intended parents
Case Law
- Johnson v. Calvert (1993)
- Buzzanca v. Buzzanca (1998)
Venue Options
A parentage action may be filed in the county of:
- Birth
- Intended parents’ residence
- Surrogate’s residence
- Agreement signing
- Medical procedures
Start Your California Journey with Confidence
If California is part of your fertility or surrogacy plan, our attorneys are ready to help you build a clear and secure legal path.
📞 Call 619-309-2310 or complete our consultation form to begin.