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California Surrogacy Laws

The gold standard for surrogacy legislation

California is the #1 Surrogacy-Friendly State

California has the most established and favorable surrogacy laws in the United States, offering maximum legal protection for both surrogates and intended parents.

Key Legal Protections

Pre-Birth Parentage Orders

California allows pre-birth orders that establish intended parents' legal rights before the baby is born. This means intended parents are listed on the original birth certificate from day one, regardless of genetic connection.

Gestational Surrogacy Statute

California Family Code sections 7960-7962 explicitly authorize gestational surrogacy agreements and provide a clear legal framework for all parties involved.

Equal Protection for All

California law protects intended parents of all types equally. Married couples, single parents, and non-genetic parents have the same rights and access to parentage orders.

Surrogate Protections

California law requires surrogates to have independent legal counsel, ensures fair compensation, and protects surrogates' rights throughout the process.

What This Means For You

For Surrogates

  • • Full legal protection throughout pregnancy
  • • No parental rights or obligations to the child
  • • Required independent attorney (paid by IPs)
  • • Clear compensation and benefit requirements

For Intended Parents

  • • Listed on birth certificate at birth
  • • Full parental rights from day one
  • • No post-birth adoption required
  • • Protection regardless of genetic connection

Working with Our Legal Network

We partner with experienced California surrogacy attorneys who specialize in reproductive law. All legal costs are covered by intended parents, and both parties receive independent representation.

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