Surrogacy Laws & Process in California
Reviewed by Emily Westerfield, Founder & Gestational Carrier Program Director, Carrying Dreams
Understanding the Surrogacy Process in California
California is widely recognized as one of the most surrogacy-friendly states in the U.S. It offers well-established legal protections and a clear, inclusive process for both surrogates and intended parents.
Whether you’re exploring parenthood through surrogacy or considering becoming a surrogate, California provides a stable, supportive legal environment. With its combination of progressive laws, experienced professionals, and efficient court procedures, the state remains a top destination for domestic and international surrogacy arrangements.
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Pre-Birth Parentage Orders in California: Legal Recognition Before Birth
One of the most important benefits California offers is the ability to obtain a pre-birth parentage order. This court-issued order recognizes the intended parent(s) as the legal parent(s) of the child before birth, regardless of genetic connection, marital status, or sexual orientation.
California law permits pre-birth orders in the following family structures:
Married or Unmarried Heterosexual Couples:
Legal parentage can be granted before birth, whether or not the parents are biologically related to the child.
Married or Unmarried Same-Sex Couples:
Both intended parents can be recognized as legal parents from birth.
Single Intended Parents:
A single individual can be declared the sole legal parent through the pre-birth order process.
Parents Using Donor Gametes or Embryos:
Legal recognition is based on intent, not genetics. Intended parents using donor sperm, eggs, or embryos can still receive a pre-birth parentage order.
Non-Genetically Related Parents:
Even if neither intended parent shares a genetic link with the child, both can be legally recognized under California law.
Pre-Birth Parentage Orders for Same-Sex Couples:
California courts recognize married same-sex couples as legal parents, even with donor gametes.
These rights apply to gestational surrogacy arrangements, which are governed by California Family Code Sections 7960–7962. Legal precedents such as Johnson v. Calvert (1993) and Buzzanca v. Buzzanca (1998) further reinforced the rights of intended parents.
California Family Code §7960-7962 Explained
California Family Code Section 7960 defines gestational surrogacy and makes compensated arrangements fully legal in California. Under this section, a surrogate with no genetic connection to the child can carry a pregnancy and receive payment for her services. This provision allows compensated surrogacy to exist as a viable, legal path in California.
Section 7961 requires a written, notarized gestational carrier agreement before any embryo transfer. Both the gestational carrier and the intended parent or parents must have separate, independent legal counsel representing their interests. This agreement must spell out compensation, healthcare coverage, and the rights and responsibilities of everyone involved.
Section 7962 makes the gestational carrier agreement legally enforceable once the requirements of Section 7961 are met. A California court can issue a judgment establishing parentage under this section, which means no post-birth adoption proceeding is necessary for intended parents.
Surrogacy Requirements Across California Cities
California surrogacy laws apply the same way in Los Angeles, San Francisco, Sacramento, San Jose, San Diego, and Riverside. No city adds its own ordinances or extra regulations on top of the California Family Code. The process for surrogates and intended parents stays consistent no matter the location. Carrying Dreams works with surrogates and intended parents across all of these cities and throughout the state.
The same pre-birth order process runs through the local family court in every city, and each gestational carrier agreement still needs notarization before signing. Independent legal representation remains a requirement for both the carrier and the intended parent. Prospective carriers considering the surrogacy process will find the same qualifications and timeline no matter where they live.
Anyone located in California and ready to learn more about becoming a surrogate can count on Carrying Dreams for guidance every step of the way.
Who Can Be a Surrogate in California?
Eligibility Criteria:
- Surrogacy is open to both married and unmarried women who meet the necessary health and emotional requirements.
- Women must have had at least one successful pregnancy in the past and be medically healthy to carry a child for others.
Health and Medical Requirements:
- A surrogate must undergo a thorough medical screening to ensure they are physically capable of handling a pregnancy, including tests to evaluate overall health, reproductive history, and mental well-being.
Age Requirements:
- Typically, surrogates should be between 21 and 40 years old to ensure both a healthy pregnancy and the emotional maturity needed for the process.
Emotional Readiness:
- The emotional and psychological aspects of surrogacy are critical. Surrogates must be mentally prepared for the process, understand the emotional challenges, and be able to handle the separation from the baby after birth.
No Strict Legal Restrictions:
- California does not impose rigid legal restrictions on who can be a surrogate. However, having the right legal and emotional support is essential for both the surrogate and the intended parents to ensure a smooth process.
Explore the Carrying Dreams Surrogacy Heatmap
We invite you to take a closer look at our surrogacy heatmap to see how California ranks compared to other states. It’s an excellent tool for understanding why California is one of the best states for surrogacy.
Every surrogacy journey is different, and this page is not a substitute for individualized legal counsel. Prospective surrogates and intended parents should consult a qualified reproductive attorney before signing any agreement.
Emily Westerfield is the Founder and Gestational Carrier Program Director of Carrying Dreams. A multi-time gestational carrier with over a decade of surrogacy experience, Emily has personally guided hundreds of intended parents and surrogates through their journeys. She partners with reproductive specialists nationwide and has been featured in Women’s Health, Today.com, Newsweek, and Bustle.
If you have any inquiries about the surrogacy laws & process in California, feel free to contact us today.
