California Surrogacy Laws to Consider in the Surrogacy Process

California Surrogacy Laws to Consider in the Surrogacy Process

If you need help to become a parent or want to help someone fulfill their dream, California could be the best place to live. Their laws are fair and make it easier for the process to take place. The California surrogacy laws to consider are less stringent. It would be best if you did not cut corners. The professionals are involved in ensuring that the rules are followed, and a safe and fair agreement is made. Many attorneys will help an agency if there are any issues or if you want to check a few things.


Questions have been asked if surrogacy is legal in California, and the answer is emphatically yes. Despite the press’s complaints, the rules may be strict, but they are fair and ensure no one loses out. It has been legal as far back as 2013. It is going to safely grow the population and lead to improving life for many people. The issue changes a little when it comes to traditional surrogacy. It is not explicitly covered by Californian law, and as it is not deemed illegal, it must be said to be legal.

The problem with this is the lack of regulation. There are many more risks for both sides of the agreement. As gestational surrogacy does not involve the surrogate’s eggs, it is a lot easier to legislate. This is covered by the rules and is by far the safest and most sensible option to choose. A further plus for California is that LGBT couples are included.

Compensated surrogacy

This is also legal and is also highly regulated. The way the law is set out, it is not the case that the couples are buying the baby; it is more that they are paying expenses that arise due to the pregnancy. It covers the time and medical expenses that arise.

The surrogacy laws

There has to be a legal contract drawn up before the process can begin. Both sides are going to need an attorney to ensure there are no mistakes or discriminatory conditions. The things that have to be contained in the contract are –

• The date of the contract
• The names of the people providing the egg and sperm
• The details of the couple who will bring up the child
• If parentage orders or pre-birth processes are needed.

Delving deeper

There will be many other things covered. The compensation will need to be discussed to ensure the correct amount is paid. It also must include various conditions that are not known at the beginning. This will include issues such as multiple babies, who will attend specific appointments, and what sort of contact will there be between the parties. It is at this stage that the medical procedures begin to be done.

Who are the legal parents?

California surrogacy laws allows there to be a pre-birth parentage order. Due to the law, there is no need for a specific session to determine this. The issue only arises when there are set circumstances mainly when the couples are not married and the state the birth takes place in does not recognize parentage orders. An adoption will need to take place in California if this happens.

Although the surrogacy laws in California are among the fairest and easiest to work with in the country there still should be an agency involved. Made in the USA Surrogacy will be an ideal company to work with. They will explain anything that does not understand and be there to hold the hand of either party if problems arise.

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