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.
California recognizes and protects both major forms of surrogacy, ensuring that families have options that best fit their needs and values:
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.
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.
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.
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:
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.
California surrogacy laws are built on a foundation of safety, transparency, and respect. Here’s how the law protects everyone involved:
These safeguards are not just legal requirements—they are expressions of California’s deep respect for the surrogacy journey and everyone who undertakes it.
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:
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.
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.