California has some of the most lenient laws surrounding surrogacy. Here’s everything you need to know about surrogacy laws in California.
No California statute or case prohibits traditional, compensated, or same-sex surrogacy, but granting surrogacy remains at the court’s discretion. Although most of California’s surrogacy laws are straightforward, parents are legally required to have independent counsel when forming a surrogacy contract. Surrogates and intended parents must hire an experienced attorney to be in compliance with state laws.
What Constitutes Surrogacy in California
California Family Code 7960 identifies California’s surrogacy laws. Surrogacy in California is defined as the process where a woman (surrogate mother) carries a child for another person (usually) due to an agreement prior to conception.
Two types of legal surrogacy in California are:
Traditional surrogacy: intrauterine insemination where the surrogate is the biological mother of the child, and
Gestational surrogacy: in vitro fertilization where the surrogate is non-biologically related to the child
Both surrogates and intended parents are required by law to work with a surrogacy professional.
Two types of surrogacy professionals in California:
A surrogacy agency: provides screening, counseling, referrals, case management services, sometimes legal counsel, and
A surrogate attorney: provides legal services and can sometimes refer clients
What is the surrogacy process
In California, 4 basic steps to take before medical processes for surrogacy include:
- Committing to Surrogacy
- Choosing surrogacy type and surrogacy professional
- Selecting a surrogate
- Completing legal process for surrogacy
California requires both surrogates and intended parents to have individual legal representation. The medical stages of surrogacy can only occur once the legal process for surrogacy is fully completed.
Related: 10 Steps to the California Surrogacy Process
How to Create a Surrogacy Contract
California requires intended parents to jointly complete a legal surrogacy contract before beginning medical processes used to induce surrogacy. Each intended parent needs their own attorney to ensure both parties are fairly represented.
California surrogacy contracts must minimally contain the following information:
- Date the contract was signed
- Names from whom the gametes originated
- Names of the intended parents
- The process of pre-birth or parentage orders
Other considerations can be outlined in the surrogacy contract, such as risks and responsibilities, surrogacy compensation, potential “what if” scenarios during the surrogate’s pregnancy, etc. California’s surrogacy contract addresses potential circumstances during the process and pregnancy of the surrogate. Once the contract is finalized, then intended parents can continue with medical procedures in the surrogacy process.
The California surrogacy process requires that both the surrogate and intended parents receive independent counsel before medical surrogacy can occur. If you want to be a surrogate or wish to obtain one, understanding your legal rights is important.
FAQs About Surrogacy Laws in California
Is surrogacy legal in California?
Yes, traditional surrogacy is legal in California. Both the surrogate mother and intended parents are required to have independent counsel when committing to surrogacy in California.
Can I choose who I will be a surrogate for?
The surrogate can request different intended parents. The process of matching the surrogate and intended parents is a complicated, well-researched process. Surrogate requests for changing intended parents is rare.
How long can surrogacy take in California?
Surrogacy in California can take about a year and requires full dedication from both intended parents and the surrogate.
How much does a surrogate cost in California?
The average surrogate mother is compensated between $40,000 and $50,000 in California.
Related: 5 Ways to Finance a Surrogacy
Is same-sex surrogacy legal in California?
Yes, LGBTQ+ individuals have the same surrogacy rights as opposite-sex couples. LGBTQ+ couples may need a sperm or egg donor for fertilization.
Related: Surrogacy Process for LGBT Couples in California
What are the surrogate mother requirements in California?
Potential surrogates in California must be between 23- 37 years old, be in good health (BMI under 32), not smoke, currently raising biological children, and have no criminal history. Surrogates are U.S. citizens or permanent residents who must also pass medical and psychological screenings.
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If you or a loved one would like to know more about surrogacy laws in California, get your free consultation with one of our family law attorneys today!