California is well-known for its progressive social policies and the state’s attitude toward surrogacy is no exception. California Assembly Bill 1217, which went into effect on January 1, 2013, created clear guidelines for the benefit of intended parents and surrogates alike.
The Golden State is one of only two U.S. states that make the surrogacy process simple for both intended parents and surrogates, and it is the only state on the West Coast that has such robust case law.
Generous Compensation for Surrogates
Aside from the emotional reward of helping a hopeful parent achieve their dreams of having a child, Surrogates in California receive generous base compensation and other benefits, including coverage of medical co-pays, maternity clothing, medication, legal fees, travel expenses, and even lost wages and childcare.
Legally Enforceable Contracts
California courts consistently uphold legally enforceable surrogacy contracts. The rights of the child, the intended parents, the surrogate, and any egg donor are protected by the state’s comprehensive laws regarding third-party reproduction. With 20-plus years of positive case law, California has a fantastic track record of protecting all involved parties.
Gestational Surrogacy Requirements in California
In order for a gestational surrogacy agreement to be valid in the state of California, Intended parents and surrogate must be represented by separate attorneys. The gestational surrogacy agreement must be signed by all parties, executed, and notarized prior to the surrogate starting any medications for an embryo transfer procedure.
A Simple Birth Certificate Process
In the state of California, Intended Parents are required to establish parentage of a child being carried by a surrogate before said child is born. This eliminates the need for post-birth adoption proceedings. For this process, the state requires that both the intended parents and the surrogate have separate legal counsel. Once parentage is established, the intended parents retain all legal rights to the child.
Benefits for Same-Sex Couples
According to the U.S. Census, nearly 25% of same-sex couples in California are raising more than 52,000 children. Under California surrogacy laws, the parentage rights of a same-sex couple are equal to that of heterosexual couples. The state recognizes same-sex marriage and gay couples can utilize the state’s expedited and simplified process asserting them as legal parents of the child born via a surrogate. In addition, California law prevents parents who have children born through surrogacy in the state, including same-sex couples, from having their parental rights questioned outside the state. The law also ensures the anonymity of egg /sperm donors in surrogacy arrangements.
World Class Fertility Clinics
California is home to hundreds of top fertility clinics, and Family Source Consultants office in San Diego offers intended parents and surrogates easy access to dozens of clinics in the Southern California region.
Experienced Support for California Surrogates
Family Source Consultants surrogacy program includes access to our active online surrogacy support group, where you can become a part of a network of incredible women and form friendships that last a lifetime.
For more information about Gestational Surrogacy in California, call our Los Angeles office at (800) 372-0529 or submit an online request for a no-cost consultation.