California is one of the most progressive and surrogacy-friendly states in the country.
Whether you’re an intended parent or a prospective surrogate, California surrogacy law offers comprehensive protections and a clear legal process.
In this guide, you’ll discover everything you need to know about the laws, processes, and support systems that make California a leader in the world of surrogacy.
Speak with a surrogacy specialist today to learn more about how we can guide you through the surrogacy legal process in California.
California Surrogacy Laws Made Simple: Your Legal Roadmap
California has some of the most well-established and supportive surrogacy laws in the nation.
Unlike many states where laws are unclear or restrictive, California law clearly outlines the legal rights of intended parents and surrogates through statutes like Family Code Sections 7960–7962 and landmark cases such as Johnson v. Calvert and Buzzanca v. Buzzanca.
Whether you’re a hopeful parent or a prospective surrogate, California surrogacy laws ensure:
Enforceable surrogacy contracts Parental rights established before birth Equal access for LGBTQ+ families and individuals Protections for everyone involved in the surrogacy journey
Because of this strong legal framework, California remains a top destination for families and surrogates pursuing surrogacy.
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
Is Paid Surrogacy Legal in California? Here’s What the Law Says
Yes, paid surrogacy is completely legal in California under California Family Law Sections 7960 – 7962 (2013).
Surrogacy laws in California recognize the value and commitment of gestational carriers by legally allowing compensated surrogacy.
This means surrogates in California can be reimbursed for their time, risks and sacrifices and intended parents can enter into paid surrogacy contracts that define every aspect of the journey.
Surrogate compensation typically includes:
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Base compensation for the surrogate’s time and effort
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Reimbursement for travel, legal fees, medical expenses, lost wages and maternity clothing
With American Surrogacy, every detail is accounted for, so both parties are fully protected and supported.
Learn more about how surrogate compensation works.
Are Surrogacy Contracts Enforceable in California?
Yes. Surrogacy contracts are legally enforceable in California as long as they meet specific criteria laid out by California Family Code 7960.
To be enforceable, a California surrogacy contract must include:
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Separate legal representation for both the surrogate and intended parents
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Signatures that are witnessed or notarized before any medical procedures begin
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Clear agreement on parental rights, responsibilities and compensation
These contracts are the foundation of a safe and successful surrogacy journey.
At American Surrogacy, we help intended parents navigate each step of this legal process with clarity and compassion.
Your Surrogacy Contract Checklist: Legal Must-Haves
A well-drafted surrogacy contract does more than meet legal requirements—it ensures everyone’s rights, expectations and preferences are clear from day one.
Your contract should include:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
American Surrogacy helps coordinate with top surrogacy attorneys to ensure these documents reflect your wishes and comply with California surrogacy law.
Timing Matters: When Do I Need a Surrogacy Contract in California?
Surrogacy contracts in California must be signed and notarized before any fertility treatments or medications begin.
That means after you’ve been matched with your surrogate but before embryo transfer or any hormone injections.
This timing ensures:
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All parties are fully informed and legally protected
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There's no ambiguity about medical procedures or expectations
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The journey begins with mutual trust and understanding
Every day counts when you're building your family. Check out our surrogacy process timeline so that you can plan accordingly.
Where Do I Sign My Surrogacy Contract?
You can sign your surrogacy contract in any location that offers notarization or legal witnessing. In California, many people use:
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Local banks or credit unions
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UPS Store locations
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Public libraries
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Online notarization platforms like Notarize.com or LawDepot
How Will American Surrogacy Support Me During the Contract Stage?
Before we even present a surrogate’s profile to the intended parents, we thoroughly assess state laws to ensure a smooth legal process.
If a state has complex regulations, we ask the right questions ahead of time—saving you time and avoiding unnecessary roadblocks.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Our expertise allows us to map out solutions that keep your journey moving forward, making sure you feel informed, reassured and legally protected every step of the way.
With our support, you’ll never feel confused or left out of the loop.
Get Support Near You with Our Local Offices
"Looking for an ethical, competent and nationally respected surrogacy agency? My highest recommendation goes to American Surrogacy, especially the California team. Unlike other surrogacy agencies with contracts that confuse even the lawyers, the paperwork and process with American Surrogacy are straightforward. Their California team is truly best in class."
- Alison Foster Davis, JD, Fellow of the California Academy of Adoption-ART Lawyers.
Find our office locations below:
4695 Macarthur Ct 9700 Business Park Drive 1120 Tully Road 7257 N Maple Ave 1540 Marsh Street 2815 Jefferson Street #301
Floor 11, Suite B
Newport Beach, CA 92660
Suite 402
Sacramento, CA 95827
Modesto, CA 95350
Suite 101B
Fresno, CA 93720
Suite 130
San Luis Obispo, CA 93401
Carlsbad, CA 92008
LGBTQ+ Surrogacy Laws in California: Legal Protections for Every Family
California is one of the most inclusive states for LGBTQ+ family-building.
Courts routinely approve surrogacy arrangements involving gay and lesbian couples, transgender individuals and non-binary parents.
Here’s what LGBTQ+ parents should know:
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California allows intended parents to be listed as “Parent,” “Mother,” or “Father.”
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Married same-sex couples can obtain second-parent adoptions even if only one partner is biologically related.
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Even if neither parent resides in California, they can often file for adoption if the child is born in the state and the surrogate resides there.
At American Surrogacy, we’re proud to support every path to parenthood. Learn more about our LGBTQ+ surrogacy programs.
Abortion Laws in California and Termination of Pregnancy in Surrogacy
Abortion is legal in California up to fetal viability—generally, 24 to 26 weeks. This legal clarity matters because:
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Every surrogacy contract includes terms about pregnancy termination.
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Both parties must agree to these terms in advance.
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Your views on this issue should align with your surrogate’s before signing.
If you live in a state with restrictive abortion laws, California may offer a more secure option.
With American Surrogacy, you can still match with a California surrogate even if you live elsewhere.
Surrogacy Laws for Establishing Parentage in California
California makes it simple to establish legal parentage through a pre-birth order. This order allows intended parents to be named the legal parents before delivery.
Pre-birth orders are available whether or not there’s a genetic connection, as long as:
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One or both intended parents reside in California, or
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The surrogate resides in California and gives birth in-state.
This is a major advantage for out-of-state intended parents.
How to Get a Pre-Birth Order in California
Here’s how it works:
File the petition: File in the county where the child will be born, where the surrogate or IP lives, where the contract was signed or where fertility treatments occurred. Hearing: Most counties don’t require a hearing. Some may, depending on circumstances. Receive birth certificate: Once the baby is born, a new birth certificate is usually issued within 5–10 business days.
Your surrogacy attorney will ensure your order is filed correctly and on time so there are no surprises at delivery.
International Surrogacy Laws in California: Support for Global Families
California’s surrogacy laws apply equally to international intended parents. With no additional restrictions, families from around the world choose California for its:
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Strong legal protections
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LGBTQ+ inclusivity
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Clear parentage process
Your attorney will ensure the baby’s passport and citizenship documentation is handled smoothly after birth.
If you’re an international intended parent in one of the countries we work with, learn how we can help you find a surrogate in the U.S.
Start your international surrogacy journey in a safe, supportive legal environment.
The Role of a Surrogacy Attorney in California
An experienced surrogacy attorney will:
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Draft your contract in compliance with California surrogacy law
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Coordinate with your fertility clinic and agency
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Represent your best interests from start to finish
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File for pre-birth or post-birth orders
At American Surrogacy, we don’t use in-house legal counsel, so you know your attorney’s only priority is you.
We’ll help you find a surrogacy attorney near you based on your specific needs.
How Much Does a Surrogacy Lawyer Cost in California?
This varies by law firm. In California, legal fees typically range from $7,000 to $15,000, depending on the services provided.
Intended parents are responsible for paying the surrogate’s legal fees as part of the overall legal process.
At American Surrogacy, we contemplate legal costs within our program fees, so you won’t need to budget for unexpected or additional attorney expenses.
Everything is built in for peace of mind and financial clarity.
Find a Surrogacy Attorney Near Me
Trusted legal professionals in California:
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Stocks and Colburn (San Diego): This firm specializes in family law, with a focus on adoption, surrogacy, egg/embryo donation and parentage. The firm’s attorneys are experienced legal professionals and fellows of the American Academy of Adoption & Assisted Reproductive Attorneys (AAAA).
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Modern Fertility Law (San Fernando Valley): Provides personalized guidance to clients, including drafting and negotiating contracts and securing legal clearances.
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International Fertility Law Group (Los Angeles): Rich Vaughn, founder of International Fertility Law Group (IFLG), was inspired by his own journey as a parent via ART. He has helped thousands of intended parents worldwide with expert legal guidance.
Explore Our Surrogacy Programs in California: Your Path to Parenthood
We offer three surrogacy programs designed to meet your unique needs:
Limited Risk Program
This program safeguards intended parents from financial loss if their surrogacy journey faces setbacks like a surrogate being disqualified, an unsuccessful embryo transfer or miscarriage.
If any of these occur, your fees will be refunded or credited toward your next attempt—so you won’t pay twice for the same outcome.
Foundation Program
This program follows a traditional surrogacy payment model, offering a lower upfront cost.
You pay for services as you go, which can keep costs down if your first embryo transfer is successful.
However, if complications arise, like the need for multiple transfers or a rematch with a new surrogate, additional out-of-pocket expenses may apply.
Independent Surrogacy Program
Already matched with a surrogate? We’ll handle the rest.
Designed for families who’ve already identified a surrogate, this program helps you avoid duplicate screening costs and unnecessary fees.
We make it easier and more affordable to complete your journey successfully while still providing expert support and legal guidance where you need it.
FAQs: Legal Aspects of Surrogacy in California
Do insurance companies cover IVF in California?
Yes. Starting in 2025, large group health plans will be required to cover fertility treatment, including IVF.
Smaller employers must offer infertility coverage, though IVF isn’t mandatory.
Is an embryo considered a person in California?
No. Under California law, embryos are treated as property—not legal persons.
Is traditional surrogacy legal in California?
There is no law permitting or prohibiting traditional surrogacy. Due to legal and ethical complexities, courts may not issue pre-birth orders for traditional surrogacy arrangements.
Do sperm and egg donors have parental rights?
No. Under California Family Code Section 7613, donors have no parental rights when ART is used.
Is there an IVF Tax Credit?
As of March 26, 2025, a bill proposing a new tax credit for Californians undergoing IVF was under review.
Bill CA AB547 would allow taxpayers to claim up to $5,000 for out-of-pocket IVF expenses for taxable years between January 1, 2025 and January 1, 2030.
Ready to Start Your Journey?
Whether you're local to Los Angeles, Northern California, the Bay Area or living abroad, American Surrogacy can help you build your family with the full protection of surrogacy laws in California.
Why wait any longer? Let’s make your dream of parenthood a reality. Fill out a form to get started now.