Building Families Through Surrogacy in California

Surrogacy in California offers a path filled with hope and possibilities for intended parents wanting to grow their families. Making the decision to pursue surrogacy often comes with a mix of emotions—excitement, worry, and hope for the future. California stands out as a supportive and welcoming place for intended parents, with strong legal protections and a nurturing environment for diverse family types – that’s why it is the first choice for many intended parents. 

What Makes California the Best State for Surrogacy?

California has long been considered the gold standard for surrogacy, attracting intended parents from all over the world. But what makes California such a special place for building families through surrogacy? It’s a combination of strong legal protections, a welcoming environment for diverse families, and a clear, developed framework for parental rights.

Developed Legal Process for Gestational Surrogacy

One of California’s biggest strengths is its highly developed legal process for gestational surrogacy. The state has set laws that clearly outline intended parents’ and surrogates’ rights and responsibilities. Intended parents can rest easy knowing that the process is transparent, fair, and predictable.

Establish Parental Rights Pre-birth

Intended parents can obtain a pre-birth order that legally recognizes them as the child’s parents, often before the surrogate even goes into labor. This means that once your child arrives, there is no need for additional court proceedings or the stress of post-birth legalities. Instead, you can focus on the joy of meeting your baby, knowing that your parental status is already secured.

Equal Access and Protection for LGBTQ, Single-Parent Families, and International Parents

California’s commitment to inclusivity sets it apart from many other states. Equal access and legal protection in California are guaranteed for all intended parents, regardless of their sexual orientation, relationship status, or country of origin. LGBTQ families, single intended parents, and international parents all receive the same rights and opportunities as traditional families, fostering a sense of belonging and acceptance. California’s progressive stance on family equality is a source of comfort for many intended parents, ensuring their journey to parenthood is met with respect and understanding.

What Are the Legal Requirements for Gestational Surrogacy Agreements in California?

As we said, California has some of the best surrogacy laws in the United States, which protect both the intended parents and the surrogate. These laws ensure that everyone involved is fully aware of their rights and responsibilities before any medical procedures are carried out. A carefully structured surrogacy agreement helps prevent misunderstandings and establish clear expectations.

Written Agreement Before Medical Procedures

California law mandates that a written surrogacy agreement must be in place before any medical procedures, such as embryo transfer, take place. This surrogacy contract should clearly outline both parties’ roles, responsibilities, and expectations. It will specify details such as the surrogate’s compensation, the responsibilities of the intended parents, and any arrangements for medical expenses. This agreement is finalized early to ensure that all parties are on the same page and that any potential issues are addressed upfront, providing a foundation of trust and clarity as you move forward.

Independent Legal Representation

The surrogate and the intended parents must have independent legal representation when creating the surrogacy agreement. Having separate legal counsel provides assurance that the agreement is legally sound and that all parties fully understand the terms before signing.

Terms for Compensation and Medical Expenses

The agreement must clearly specify the financial terms, including the surrogate’s compensation and how medical expenses will be covered. Intended parents need to understand that these terms are legally binding, and failure to meet the financial obligations outlined in the agreement could lead to legal repercussions. Also, the contract should address potential scenarios, such as additional expenses in case of medical complications.

Consideration of Parental Rights and Responsibilities

Another aspect of the agreement is establishing the parental rights and responsibilities of the intended parents. The agreement should clearly state that the surrogate has no intention of claiming parental rights and that the intended parents will assume full legal responsibility for the child upon birth. 

What Do I Need to Know if I’m From Out of State and Want to Pursue Surrogacy in California?

If you live outside California but are considering pursuing surrogacy within the state, you’re not alone. Many intended parents from across the United States—and even from around the world—choose California for its surrogacy-friendly laws and supportive environment. However, there are a few important factors to keep in mind when planning your surrogacy journey from out of state, including travel arrangements, legal considerations, and working with experienced professionals to make the process as easy as possible.

Travel and Time Commitments

One of the primary considerations for out-of-state intended parents is the need to travel to California multiple times, if they want to be present in the different milestones of the pregnancy. These visits may be required for important milestones, such as medical appointments, the embryo transfer procedure, and your child’s birth. You will need to plan for these trips in advance, taking into account potential time off from work, childcare for other children, or coordinating with your partner. Also, remember that birth dates can be unpredictable so you will need flexibility in your travel plans. Working with a surrogacy agency that provides support and guidance on travel logistics can make this aspect of your journey easier.

Working with California-based Professionals

For out-of-state intended parents, it is highly recommended that they choose a surrogacy agency and medical professionals based in California. California-based agencies have extensive experience managing surrogacy journeys for clients who live in other states or countries. They can provide valuable guidance on everything from finding a surrogate who matches their preferences to navigating the legal process and coordinating travel schedules.

California’s Legal Framework for Out-of-State Parents

California’s surrogacy laws apply equally to all intended parents, whether they reside in the state or come from elsewhere. However, it is important to work with a California-based attorney specializing in surrogacy law to ensure all legal aspects are handled correctly.

Preparing for the Birth and Post-Birth Arrangements

When planning for your child’s birth in California, you’ll need to arrange accommodations near the hospital where the surrogate will give birth, as it’s common to stay in California for a few days or weeks after the baby is born to handle final legal paperwork and ensure the newborn is healthy. Additionally, you may need to coordinate with a pediatrician in California for initial health checks. Your surrogacy agency can help you with these arrangements and connect you with resources to make the post-birth period as smooth as possible. 

FAQs 

Is surrogacy legal in California?

Yes, surrogacy is legal in California. The state is known for its supportive surrogacy laws. California law permits both gestational and traditional surrogacy arrangements, providing clear legal frameworks to protect the rights of all parties involved.

Can surrogate mothers keep the baby in the USA?

In gestational surrogacy, where the surrogate has no genetic link to the child, legal agreements establish the intended parents’ rights, and the surrogate does not have parental claims.

What state is most surrogacy-friendly?

California is often regarded as the most surrogacy-friendly state in the U.S. California’s inclusive laws also provide equal access to surrogacy for single individuals and LGBTQ+ couples, further improving its reputation as a supportive environment for surrogacy.

What is the success rate of surrogacy in the U.S.?

Generally, gestational surrogacy has a high success rate, with many agencies reporting success rates between 75% to 95% per embryo transfer. 

Choosing to build your family through surrogacy in California is a journey filled with hope, dreams, and the desire to provide a loving home for your child. Your journey may come with challenges, but the love and anticipation for your future child make it all worth it. Remember, this is a journey about family, connection, and the deep bonds that make bringing your child into the world a truly special experience.