What You Need to Know About Surrogacy in California
Surrogacy is a common option for family building. Understanding the laws that govern it is a crucial step in determining what family building method best suits you and your situation. Here’s what you need to know about whether or not surrogacy is legal in California.
Surrogacy has been legal in California since 2013. California is one of the states with the most straightforward surrogacy laws in the country.
Related: Assisted Reproduction Laws in California
Is Traditional Surrogacy Legal in California?
In traditional surrogacy, the surrogate’s own egg is fertilized and she is genetically related to the child. The surrogate agrees to become pregnant for an intended parent while also maintaining a genetic relationship with the child. In this method of surrogacy, the surrogate is artificially inseminated with the sperm of the intended father or a sperm donor.
Traditional surrogacy is considered legal in the state and is defined in the California Family Code. Although it is legal, there are very few explicit laws governing traditional surrogacy, meaning that it carries a higher legal risk.
Is Compensated Surrogacy Legal in California?
Compensated surrogacy occurs when a surrogate is compensated for her services beyond any reimbursement for medical expenses accumulated while carrying the child. Compensated surrogacy is considered legal in the state.
Is Same-Sex Surrogacy Legal in California?
Same-sex surrogacy is a process in which same-sex couples can have a genetic connection to their child. Same-sex surrogacy is considered legal in the state and is not governed any differently from heterosexual surrogacy.
Determining Legal Parentage in California
Pre-birth parentage orders, or documents prepared by the intended parents’ attorney and submitted to the court before the child’s birth, are legal in California, meaning that establishing the intended parents’ legal parentage is fairly straightforward. No hearing is necessary for a pre-birth parentage order to be established. The parentage order becomes legal once the child is born.
Related: How to Establish Parentage in California
Generally, requirements for a pre-birth parentage order include a physician’s affidavit confirming the embryo transfer and any other documents related to the surrogacy. The documents for a pre-birth parentage order are usually filed around the seventh month of the surrogate’s pregnancy. Once the baby is born, the surrogate must sign a document stating that she is not the mother of the child.
Any intended parent can be considered a legal parent of the child, regardless of genetic connection to the child or sexuality of the couple.
FAQs About Surrogacy in California
What is the difference between traditional and gestational surrogacy?
Traditional surrogacy occurs when a surrogate is artificially inseminated with the sperm of the intended parent or a donor, and the surrogate has a genetic connection to the baby.
Contrarily, gestational surrogacy is a method in which the child is conceived through an embryo created in vitro, utilizing the intended parents’ or donors’ genetic material. The embryo is then transferred into the surrogate’s uterus, who delivers the child. Thus, the surrogate has no genetic connection to the baby. Gestational surrogacy is much more common, and is much more regulated than traditional surrogacy.
Is compensated surrogacy a bad thing?
Compensated surrogacy is the subject of much legal and ethical debate. However, compensated surrogacy is not necessarily a “bad” thing, but is instead merely a couple repaying their surrogate for the time they dedicated to carrying their child, such as through any income they may have missed out on or any other types of expenses the surrogate accumulated throughout their pregnancy.
How long does it take to receive a birth certificate of my child after they’re delivered?
The exact length of time varies by county, but generally, the time frame is between five to ten business days.
Contact Us
If you or a loved one would like to know more about California surrogacy laws, get your free consultation with one of our experienced California Family Law Attorneys today!