California is considered the gold standard for surrogacy in the United States. The state boasts progressive policies, a comprehensive legal framework, and years of judicial precedent. Intended parents and surrogates receive unmatched clarity and protection throughout the surrogacy journey. To understand why California remains the premier choice for surrogacy, you must examine the state’s unique combination of medical excellence, legal advantage, and inclusive family-creation policies.

From LGBTQ protections to pre-birth parentage orders, California gives intended parents a sense of security that most states do not. If you are planning to begin your surrogacy journey, whether as a surrogate or intended parent, surrogacy professionals can help.

Surrogacy in California

California has a strong legal framework governing surrogacy. The statutes are explicit, pre-birth parentage orders are common practice, and for decades, courts have protected the intended parents in all family structures.

Three main factors make California the gold standard for surrogacy:

  • Explicit statutory laws
  • A well-established IVF structure
  • A great legal structure that handles surrogacy matters without friction

Many states in the United States allow surrogacy either through explicit statutes or through court precedents. However, California is intentional and intended parents do not have to cross their fingers hoping that the judge will interpret the law in their favor. The surrogacy law has been written and practiced in California for decades. For this reason, California is constantly ranked as one of the most favorable states for surrogacy in the U.S.

California also records the highest number of IVF cycles of any state in the United States every year, as outlined by the CDC surveillance report. The more the cycles, the higher the clinical experience, cumulative success rates, and short coordination timelines between fertility clinics and surrogacy agencies.

California also records a higher surrogacy compensation structure. This attracts a larger and more experienced pool of surrogacy candidates. If you are international intended parents, you do not have to meet residency requirements. You can pursue surrogacy in California even if you do not live there.

California Permits Traditional and Gestational Surrogacy

While California allows both traditional and gestational surrogacy, the two are not equivalent. Almost all California surrogacy processes today use gestational surrogacy.

Traditional Surrogacy

Traditional surrogacy involves using the surrogate’s egg, which is fertilized through intrauterine insemination, abbreviated as IUI. In this case, the surrogate has a genetic relation to the child. Although traditional surrogacy is not prohibited in California, the state’s surrogacy statutes do not address it. Therefore, there is less legal clarity. In addition, traditional surrogacy tends to be more emotional and poses a higher legal risk for all the parties involved. For this reason, traditional surrogacy is rare in California.

Gestational Surrogacy

This is the standard type of surrogacy in California. There is no genetic connection between the child and the surrogate. Eggs and sperm from the intended parents or donors are used to create the embryo. The embryo is then transferred to the surrogate. California has explicit statutes for gestational surrogacy. This makes gestational surrogacy the medically preferred and legally secure option.

California Surrogacy Laws

Family Code §§ 7960–7962 outlines the California surrogacy framework. This statute was enacted in 2003. This statute, alongside the 1993 Johnson v. Calvert ruling, landmark case law, makes California one of the most friendly and legally predictable surrogacy states in the United States.

California law offers three main protections with regard to surrogacy:

Pre-birth Parentage Orders

California’s most crucial surrogacy protection is the pre-birth order. This is an order that the court issues before a baby is born. This order establishes the intended parents as the child’s parents. With this order in place, the surrogate’s name does not appear on the birth certificate. There is no post-birth adoption or additional court hearings because the intended parents are identified from day one. This order eliminates ambiguity regarding the child’s legal parents.

Pre-birth parentage orders are available in California regardless of genetic relationship, marital status, residency, or sexual orientation. Even international parents can benefit from this order, provided that the surrogate delivers in California.

Although procedures may vary slightly by county, most counties issue birth certificates within 5 to 10 business days after delivery. It is crucial to note that a pre-birth order can be filed:

  • In the county where the baby will be born
  • Where the surrogacy agreement was signed
  • Where either party resides
  • Where the medical procedures took place

Agreement Requirements for Gestational Surrogacy

In California, a written and notarized gestational surrogacy agreement must be signed before the medical procedures commence. This agreement is mandatory, and its timing matters as well. The main requirements outlined under the California Family Code § 7962 include the following:

  • Both parties must have independent legal counsel
  • The agreement must be notarized for it to be valid
  • Execution must occur before the administration of the injectable fertility medications
  • Specified contract details must exist regarding the compensation terms, gamete donors, and medical decision authority.

The parties involved must also certify compliance with California surrogacy law. Failure to do this could lead to perjury charges.

Same-Sex and LGBTQ Protections

Same-sex couples, whether married or unmarried, are protected by the California surrogacy laws. They enjoy birth-certificate naming rights and are protected by pre-birth parentage orders. For international same-sex male fathers, the initial birth certificate names the gestational carrier and the biological father. This is followed by a second certificate naming both fathers but not the surrogate. By relying solely on the child’s California birth, the non-biological parent can obtain a second-parent adoption.

Same-sex parents can also choose how they should appear on the birth certificate, either as father, mother, or parent. This protection was codified on January 1, 2016.

Comprehensive Surrogacy Screening in California

One of the most crucial things intended parents pay for when working with a surrogacy agency in California is the thorough surrogate screening. The requirements that a surrogate must meet are not bureaucratic hurdles. Instead, they are a clinical baseline that seeks to protect the pregnancy and the intended parents’ investment.

Here are some of the requirements that surrogates must meet before being presented to the intended parents:

  • Surrogates should be aged between 20.5 and 40.5 years — During this window, there is an optimized hormonal response and pregnancy safety.
  • The BMI should be below 35. Cases between 35 and 37 are evaluated individually by a physician.
  • A prior pregnancy — The surrogate should have carried at least one full-term pregnancy and parented at least one child. This ensures that a surrogate can carry a pregnancy to term and also understands the commitment involved.
  • Health —The surrogate should not have a communicable disease or a condition that can affect the pregnancy's safety.
  • Citizenship — A surrogate should be a legal resident or a U.S. citizen for the contract to be enforceable.
  • Non-smoking household — There are no exceptions to this

How California Law Protects Surrogates

California law prioritizes the protection of both surrogate and intended parents. Here is how the law protects surrogates:

  • Enforceable contracts —All surrogacy agreements are legally binding in California. This means that the law protects the surrogate’s medical care and compensation.
  • Independent legal representation — A surrogate must have their own attorney who protects their interests. The intended parents pay for the surrogate’s legal representation. Legal counsel ensures that the surrogate fully understands all aspects of the agreement.
  • Medical decision-making rights —According to the updated statutes, surrogates cannot be coerced into decisions regarding their bodies. The law outlines the surrogate’s autonomy and how any disagreements that might arise will be handled.
  • Informed consent requirements —The surrogate cannot be pressured into making certain decisions. The law requires that a surrogate understand and consent to all terms before proceeding.
  • Postpartum support — Regulations surrounding surrogacy require support extending into the surrogate’s postpartum period. The surrogate receives care and the necessary emotional support after childbirth as part of the contract signed.

Surrogate protection laws exist because California values the surrogate’s well-being. Surrogates are not just used to create families. They are protected every step of the way.

Surrogate Contracts in California

The surrogacy contract is one of the most crucial documents for both the surrogate and the intended parents. It is designed to protect all the parties involved. Here is the information contained in the surrogacy contract:

  • Base compensation/any bonus structures
  • Insurance requirements and information on who will pay for what
  • Coverage for medical expenses
  • The communication expectations between the surrogate and the intended parents
  • The process of resolving any dispute that might arise
  • Medical decision-making process
  • The support processes and requirements throughout the surrogacy journey

Usually, the contracts are finalized before commencing the medical procedures. This happens after the surrogate is matched with the intended parents, usually before the embryo transfer. You could be wondering why surrogacy contracts matter. California law recognizes and enforces surrogacy agreements. This means that if a provision of the contract is not honored, both the surrogate and the intended parents have legal recourse.

Find A Dependable Los Angeles Surrogacy Agency Near Me

Due to its surrogacy laws and protection for both the surrogates and intended parents, California is considered the gold standard of surrogacy. Understanding surrogacy laws is crucial because it helps the parties involved feel confident and protected. If you are a surrogate or an intended parent looking for a surrogacy agency that treats you like family, contact Bliss Surrogacy Los Angeles. Call us today at 310-218-1110 to speak to one of our surrogates.