California Surrogacy Laws

by

California Surrogacy Laws

Gestational surrogacy is permitted in California by statutes that provide the requirements for assisted reproduction agreements (Ca. Fam. Code § 7960, 7962.).  

In Buzzanca v. Buzzanca, the California Court of Appeal provided further support for surrogacy agreements by declaring that a married couple, who had since separated, were the legal parents of a child—despite the fact that neither person was biologically related to the child—because of both individuals’ prior “intent to parent.”  

There is no California statute or case law prohibiting traditional surrogacy. Gestational and traditional surrogacy is practiced throughout cities in California, such as Los Angeles, San Diego, and San Francisco.

Laws Concerning Parentage Orders in California

California allows for its courts to grant pre-birth parentage orders to married, unmarried, same-sex, and opposite-sex couples, regardless of whether a parent is genetically related to the child. California’s pre-birth parentage orders do not become effective until the moment the child is born (Ca. Fam. Code § 7633.).

Egg and Sperm Donor Law in California

Under California statute, neither an egg donor nor a sperm donor is the natural parent of a child born as a result of assisted reproduction (Cal. Fam. Code § 7613.).

The statute further provides that while a written agreement between donors and intended parents is best, a California court will uphold oral agreements between donors and intended parents based upon clear and convincing evidence.  

California Stepparent and Second-Parent Adoption Law

California courts will grant stepparent and second-parent adoptions to both same-sex and opposite-sex couples (Cal. Fam. Code § 9000.). In California, the stepparent and biological parent must either be married or registered domestic partners.

Fertility Clinics in California

Consult with Baby Steps

To learn more about California surrogacy laws and move your surrogacy journey forward, reach out to Baby Steps Surrogacy Center by calling 412-281-9906 or reach us through the contact buttons at the top of this page.