The Intended Parents' Guide to Surrogacy in California

Surrogacy in California is always a good idea. It is known as one of the best States in the USA to complete your journey. But why?

The wonderful thing about California is there are no restrictions about the sexuality or marital status of any couple that wants to have a child. The state goes even further and allows a surrogate to be compensated as long as there is an established gestational carrier agreement.

Another perk? A pre-birth order. Here’s everything you need to know about the steps for surrogacy in California.

Is Surrogacy Legal in California?

Compensated gestational surrogacy is explicitly legal in California under Family Code Sections 7960–7962, enacted in 2013. California law allows surrogacy agreements for intended parents regardless of marital status or sexual orientation, and courts routinely grant pre-birth orders establishing intended parents as the legal parents before the child is even born.

To be enforceable, a California gestational surrogacy agreement must meet specific legal requirements: it has to be in writing, notarized, and completed before any medical procedures begin, and both the surrogate and intended parents must have separate, independent legal counsel. These requirements exist to protect everyone involved and are one of the reasons California's legal framework is considered more predictable than states relying on case law or court precedent alone rather than a dedicated statute.

This combination of clear statutory protection and consistent court practice is a major reason California is considered one of the most surrogacy-friendly states in the country.

Surrogacy in California

California is a surrogacy-friendly state for gestational carriers and intended parents. Through surrogacy, couples and individuals can build their families.Each surrogacy journey is unique, and there are many different types of intended parents that turn to surrogacy to grow their families.

These reasons may include:

• Heterosexual couples who have struggled with male and/or female factor infertility
• Intended mothers who struggle to carry a child to term
• Intended parents with health conditions they don't want to pass onto their children
• Same-sex intended parents who want a genetic link to their children

Keep reading to learn why California is one of the best states for surrogacy, the surrogacy process, how to begin your journey, and the costs around surrogacy in California.

Choosing your IVF Clinic

California is home to some of the world's best IVF clinics, and intended parents from all over the world travel to the west coast to receive fertility treatments from the field's top reproductive endocrinologists. Because the leading IVF clinics are located in California, gestational surrogates within California don't require as much traveling for monitoring appointments, embryo transfer, and other required procedures.

At Hatch Surrogacy and Egg Donation, we can connect you with our in-house IVF clinic or connect you with a fertility clinic that better suits your unique needs and journey. Whether you're an intended parent or a surrogate, your care coordinator will walk you through this process to give you the most rewarding journey possible.

Finding your Surrogate and Egg Donor

Your Coordination Team will help you find the perfect surrogate match with financial, legal and social fit in mind. We encourage you to form a strong relationship with the woman who will carry your future children, and we put an emphasis on finding the best social match possible.

If egg donation is needed, intended parents will match with an egg donor from a database of available donors. Next, your coordinator will work with an IVF clinic to retrieve eggs and create the embryos to be used during the surrogate pregnancy.

At Hatch, we offer egg donors and surrogates among the top 5% of candidates nationwide, and 99.6% of intended parents at our program leave the hospital with a child. We're here for you every step of the way, and we'll work to make sure that your dreams are met.

If you're ready to find your surrogate and egg donor, begin your application and a Hatch coordinator will reach out shortly.

California Surrogacy Screening

California law does not prohibit traditional surrogacy, but it is not covered by the enforceable contract protections that Family Code Sections 7960–7962 provide for gestational surrogacy. As a result, traditional surrogacy carries significantly more legal risk and is rarely used..

California also allows gestational surrogates as long as they are screened appropriately and are psychologically sound. It’s also helpful if you’ve completed a pregnancy of your own with no complications. We carefully screen our surrogates to ensure they are fit to help you on your surrogacy in California journey.

Pre-Birth Orders in California

Another amazing aspect of surrogacy in California is that you can obtain a pre-birth order by the State Court. This is an order of parentage and a direction that the birth certificate will show only the intended parent or intended parent’s names.

Around seven months into your journey with your surrogate in California, you will start to prepare all of the legal documents about the birth of your little angel on their way. You will have your contract with your surrogate in place, and all legal aspects will be ready for the arrival of your long-awaited child.

Post-Birth Perks in California

After your child is born, you can obtain your birth certificate and your lawyer will lodge your citizenship application if needed and an application for DNA testing. They will also take care of the completed passport application for your lodgment if you are from a foreign country.

Soon after you will learn all about how to prepare these documents and take your child home. If you’re American, you simply take the birth certificate and the child to their freshly prepared nursery.

How Long Does Surrogacy Take in California?

A typical surrogacy journey in California takes approximately 12 to 18 months from matching to birth. Here's a general breakdown:

• Matching and screening: 1 to 3 months, depending on surrogate and egg donor availability
• Legal contracts: 4 to 8 weeks, completed before any medical procedures begin
• IVF cycle and embryo transfer: 4 to 8 weeks
• Pregnancy: Approximately 9 months
• Pre-birth order filing: Typically completed around the seventh month of pregnancy

Because California allows pre-birth orders to be filed in the county where the birth is expected to take place, intended parents can complete much of the legal process before their child is even born, which is one of the reasons the overall experience tends to feel more predictable than in states without this option.

How Much Does Surrogacy Cost in California?

At Hatch, California intended parents will pay between $90,000 to $100,000 for your surrogate's compensation and agency fees, plus $12,000 to $22,000 in legal and logistical fees.

Because out-of-state surrogates will require additional travel for monitoring, check-ins, appointments and birth, in-state surrogates will lower your overall costs. At Hatch, we offer financing options.

Begin Your Family in California

California is truly the best state for surrogacy and your IVF journey. Furthermore, we have some of the best IVF clinics in the world here. Pairing a fantastic surrogacy program to fit your needs with an incredible and experienced IVF doctor will only bring you success.

When you are ready to find a surrogate in California to help you on your journey, contact us today for a consult.

Frequently Asked Questions

Is Compensated Surrogacy Legal in California?

Yes. California Family Code Sections 7960–7962 explicitly permit compensated gestational surrogacy, provided the agreement meets specific legal requirements, including independent legal counsel for both parties.

Can Intended Parents Get a Pre-Birth Order in California Regardless of Where They Live?

In many cases, yes. California law allows a pre-birth order action to be filed in several counties, including the county where the child is expected to be born, even if neither intended parent lives in California, as long as the surrogate is delivering there.

Is Traditional Surrogacy Legal in California?

Traditional surrogacy is not prohibited, but it is not covered by the same enforceable contract protections that apply to gestational surrogacy under California law, which is why it is rarely used and generally discouraged.