California Surrogacy Laws2018-10-25T04:32:38+00:00

California Surrogacy Laws

The world’s favoured jurisdiction for surrogacy

The State of California offers one of the most legally favoured environments for surrogacy and egg donation arrangements for same sex couples and singles. Either a single male, female or partners names will be placed on the birth certificate preventing the need for a second parent adoption, which is required in many other States.

Family Tree Surrogacy Center will be here to help facilitate and refer you to a legal attorney specializing in surrogacy and egg donation law.

California State Law

Future parent legal gestational surrogacy contract

  • Intended parents and surrogate must be represented by separate attorneys.

  • Gestational surrogacy agreement must be notarized by each party.

  • Gestational surrogacy agreement must be executed and notarized prior to the surrogate starting her medication for an embryo transfer procedure.

  • Provides the executed gestational surrogacy agreement in accordance with these provisions is presumptively valid.

Future parent legal parentage

  • A judgment (also referred to as a “pre-birth order”) can be obtained pre-birth and will be started by your attorney between the fourth and fifth month of your surrogate’s pregnancy.

  • California court requires a copy of the gestational surrogacy agreement be filed as part of the parentage action.

  • California court seals records of the agreement to all parties except the intended parents, surrogate, their attorneys and the state Department of Social Services.

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