Surrogacy Laws in California 2025

Understanding surrogacy laws in California

California continues to set the gold standard for surrogacy in the United States, offering a safe, transparent, and supportive legal environment for Intended Parents and Surrogates alike. California surrogacy laws are among the most comprehensive and inclusive in the nation, ensuring that every family—regardless of marital status, sexual orientation, or genetic connection—can pursue their dream of parenthood with confidence and peace of mind.

At the heart of California’s approach is a commitment to clarity and protection. The state’s legal framework, grounded in the California Family Code (notably Section 7962), provides clear guidance on the rights and responsibilities of all parties. Whether you are an Intended Parent or a Surrogate, you can feel secure knowing that your journey is supported by laws designed to safeguard your interests, your privacy, and your family’s future.

Types of surrogacy recognized in California

California recognizes and protects both major forms of surrogacy, ensuring that families have options that best fit their needs and values:

Gestational surrogacy

Gestational surrogacy is the most common and legally supported form in California. In this arrangement, the Surrogate carries a child conceived using the egg and sperm of the Intended Parents or donors. The Surrogate has no genetic relationship to the child. California law fully supports gestational surrogacy, providing clear legal pathways for establishing parentage before the child is born.

Traditional surrogacy

While less common, traditional surrogacy—where the Surrogate’s own egg is used—remains legal in California. However, because the Surrogate is genetically related to the child, these arrangements can involve more complex legal considerations. Intended Parents and Surrogates are strongly encouraged to seek experienced legal counsel to ensure everyone’s rights are protected.

Altruistic and compensated surrogacy

California law recognizes both altruistic (unpaid) and compensated surrogacy. This means Surrogates may choose to help Intended Parents without compensation through independent matching or receive fair compensation for their time, effort, and commitment. The law ensures that, regardless of compensation, all parties are treated with respect and fairness. It can be very difficult to find candidates open to altruistic arrangements because surrogacy is a huge commitment of time and energy that impacts not only a Surrogate but her whole family. 

These options reflect California’s inclusive, family-first approach—giving you the freedom to choose the path that feels right for your unique journey.

Eligibility requirements for Intended Parents and Surrogates

California’s surrogacy laws are designed to be inclusive, but they also set clear eligibility standards to protect everyone involved. Here’s what you need to know:

Intended Parents

• Marital status: Both married and unmarried individuals or couples are eligible.
• Sexual orientation: All sexual orientations are welcome—California does not discriminate.
• Genetic connection: Intended Parents do not need to be genetically related to the child; donor eggs, sperm, or embryos are permitted.
• Age and residency: There are no strict age or residency requirements, but Intended Parents must demonstrate the ability to provide a safe, stable home.

Surrogates

• Age: Surrogates must be at least 21 years old.
• Health: A history of at least one healthy pregnancy and delivery is required.
• Medical screening: Comprehensive physical and psychological evaluations are mandatory.
• Legal capacity: Surrogates must be able to enter into a legal contract and fully understand the process.

These requirements are in place to ensure the health, safety, and well-being of the Surrogate, the Intended Parents, and—most importantly—the child. At every step, you are supported by a system designed to protect your interests and honor your commitment.

Key legal protections for Surrogates and Intended Parents

California surrogacy laws are built on a foundation of safety, transparency, and respect. Here’s how the law protects everyone involved:

• Pre-birth parentage orders: California allows Intended Parents to obtain a court order establishing their legal parentage before the child is born. This ensures a smooth transition at birth, with no ambiguity about parental rights.
• Enforceable contracts: Surrogacy agreements are legally binding, provided they meet the requirements set out in the California Family Code. This gives all parties clarity and security.
• Independent legal representation: Both Surrogates and Intended Parents must have their own attorneys. This ensures that everyone’s rights and interests are fully protected and that no one feels pressured or uninformed.
• Comprehensive consent: All parties must provide informed, written consent before any medical procedures begin.
• Confidentiality: The law protects the privacy of all parties, ensuring sensitive information is handled with care.

These safeguards are not just legal requirements—they are expressions of California’s deep respect for the surrogacy journey and everyone who undertakes it.

How surrogacy agreements work in California

A well-drafted surrogacy agreement is the cornerstone of a safe and successful journey. In California, the law requires that every surrogacy arrangement be governed by a written contract, signed before any medical procedures begin. Here’s what you can expect:

• Clear terms: The agreement must outline the rights, responsibilities, and expectations of both the Surrogate and the Intended Parents.
• Compensation: If the arrangement is compensated, the contract will specify the amount and schedule of payments, as well as coverage for medical and related expenses.
• Legal review: Each party must have independent legal counsel review and explain the agreement, ensuring full understanding and voluntary participation.
• Parentage: The contract will address how legal parentage will be established, typically through a pre-birth order.
• Contingencies: The agreement should cover potential scenarios, such as medical complications or changes in circumstances, to provide guidance and reassurance.

By requiring these elements, California surrogacy laws ensure that every journey is built on trust, transparency, and mutual respect. These agreements are more than legal documents—they are promises, carefully crafted to protect your hopes, your rights, and your family’s future.

Begin your surrogacy journey with confidence

Choosing surrogacy is a profound and personal decision—one that deserves unwavering support, expert guidance, and absolute peace of mind. At Hatch, we are honored to walk this path with you, offering the expertise, compassion, and legal clarity that California is known for. Whether you are an Intended Parent or a Surrogate, you can trust us to prioritize your safety, your dreams, and your family’s well-being at every step.

Ready to take the next step?
Let Hatch guide you through California’s surrogacy process with care, transparency, and respect. Your journey to parenthood—or your gift of helping a family grow—begins with confidence and support. Contact us today to start your surrogacy journey.

Frequently Asked Questions

• Are surrogacy agreements legally enforceable under California surrogacy laws?
  Yes. As long as the agreement meets the requirements of the California Family Code, it is fully enforceable in court.
• Do Intended Parents need to be married to pursue surrogacy in California?
  No. California surrogacy laws welcome both married and unmarried individuals or couples.
• Can same-sex couples or single parents use surrogacy in California?
  Absolutely. California is inclusive and does not discriminate based on sexual orientation or marital status.
• Is compensation for Surrogates allowed under surrogacy laws in California?
  Yes. Both altruistic and compensated surrogacy arrangements are legal and protected.
• How is legal parentage established for Intended Parents?
  Through a pre-birth parentage order, Intended Parents are recognized as the legal parents before the child is born.
• What protections exist for Surrogates under California surrogacy laws?
  Surrogates are protected by enforceable contracts, independent legal counsel, and comprehensive health and privacy safeguards.