Learn About Third-Party Assisted Reproduction & Surrogacy Law in California
Everything you need to know about fertility law in California, including surrogacy, egg donation, sperm donation, and embryo donation.
Reviewed/Written by Casey O'Connell, Reproductive Lawyer at Klein Fertility Law
Key Legal Requirements in California
- A written surrogacy agreement is required.
- All parties must have independent legal representation.
- The source of the gametes must be disclosed (their own or donor).
- The surrogacy contract must be executed before the surrogate begins embryo transfer cycle medications.
- The surrogacy contract must be executed in the presence of a notary public.
- An escrow/trust account is recommended to be established and funded.
California Surrogacy Law: What You Need to Know
California is an extremely surrogacy-friendly state in which to pursue your journey. California surrogacy laws provide a clear framework for intended parents, surrogates, and donors to engage in surrogacy arrangements with confidence.
California Surrogacy Laws at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Marital Status Requirement | No requirements |
| Pre-Birth Orders | Permitted for both genetic and non-genetic intended parents |
| Post-Birth Orders | Available if needed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex |
| Surrogacy Agreement | Must be in writing and signed before transfer cycle medications begin |
| Legal Representation | Independent legal representation required for all parties |
| Health Insurance for Surrogates | Surrogates should have health insurance covering a surrogate pregnancy |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional legal steps depending on the laws of their home country |
| Court Involvement | Required for pre-birth or post-birth orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate & will be available roughly 4-8 days post-birth |
| Post-Birth Timeframe to Travel Home | Domestic: Immediately International: 3-4 weeks post-birth |
Establishing Parentage Through Surrogacy in California
California stands as one of the most surrogacy-friendly states, and the legal process for establishing parental rights is straightforward. Governed by California Family Code § 7620, 7962, and other California precedents, the state simplifies the gestational surrogacy process for both surrogates and intended parents.
In California, legal parental rights can be secured before the child's birth through the completion of a court proceeding. This court order is legally binding and issued by a California court and officially establishes the intended parent(s) as the child's legal parent(s) even before the surrogate gives birth. This can also be done after the baby is born if needed or if circumstances require.
The Role of Surrogacy Attorneys
Surrogacy attorneys in California play a vital role in the surrogacy process by drafting legally enforceable contracts that address critical issues and contingencies. These attorneys possess in-depth legal expertise and ensure compliance with state surrogacy laws. They act as advocates, protecting the rights and interests of all parties involved, and are instrumental in conflict resolution if issues arise. Additionally, surrogacy attorneys stay current with evolving laws to maintain legal compliance throughout the surrogacy journey.
At Klein Fertility Law, our surrogacy attorneys ensure all legal requirements are met during your surrogacy journey. The process of surrogacy in California involves several key steps:
Preparing mentally, emotionally, and financially for your surrogacy journey, requires an immense amount of research. Consulting with an assisted reproduction attorney who specializes in surrogacy offers invaluable guidance and support that will help build your roadmap to parenthood. In addition to consulting with a surrogacy attorney to help build your roadmap to parenthood, they will ensure that you understand all legal aspects of surrogacy in the United States and address any concerns.
About Klein Fertility Law
Klein Fertility Law has been representing clients in assisted reproduction law matters since 1987. During that time, our firm has witnessed the rapid advancement of medical technology and the steady acknowledgment of the need for this legal service by courts and legislatures throughout the United States. Now a nationwide law firm, every year, Klein Fertility Law represents over a thousand intended parents and surrogates, as well as recipients and donors of eggs, sperm, and embryos.
We are uniquely positioned to handle any third-party assisted reproduction matter throughout the U.S. and we are proud to assist with the creation of loving, happy families. We assist clients from all over the world, regardless of background, relationship status, sexual orientation, or citizenship. From our infancy in 1987 to today, we have matured into an experienced industry leader in fertility law, and we are here to help you grow your family.
Genetic Donation Law in California
In California, the laws surrounding assisted reproduction, including genetic donation (egg, sperm, and embryo donation), play a vital role in protecting the interests of all parties involved. These laws and regulations provide an essential role in safeguarding the interests of intended parents, donors, and the resulting children.
The Role of an Assisted Reproduction Lawyer in Egg, Sperm, and Embryo Donation
An assisted reproduction lawyer plays a crucial role in simplifying the egg, sperm, and embryo donation processes. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected.
Learn More About Genetic Law in California
Same-Sex and LGBTQ+ Reproductive Law in California
California is at the forefront of Same-Sex and LGBTQ+ reproductive rights and family-building through third-party reproduction. The state has a history of inclusive laws and policies that support the rights and choices of LGBTQ+ individuals and couples in their journey to parenthood.
Key aspects of LGBTQ+ reproductive law in California include:
California Reproductive Law FAQ
Surrogacy attorneys like those at Klein Fertility Law establish and protect the rights of all parties involved in the family-building process. We ensure legal compliance, manage trust accounts, and advocate for your interests.
Choose Klein Fertility Law as Your Reproductive Lawyer in California
When it comes to navigating the complexities of third-party assisted reproduction law in California, Klein Fertility Law stands as your trusted partner. With a deep understanding of surrogacy, genetic donation, and LGBTQ+ family-building, our experienced attorneys ensure that your journey is legally sound, transparent, and fully protective of your rights and interests.
Our commitment to inclusivity, legal expertise, and personalized support makes us the top choice for individuals and couples seeking to expand their families through assisted reproduction in California. Contact us today to embark on your path to parenthood.