Surrogacy in California
We serve all of California from our home office in Rancho Cucamonga, helping families across the state since 2015. California writes gestational surrogacy into its statutes, which is why so many surrogates and intended parents, including LGBTQ+ and single parents, choose to do this here. Below is how the law works in plain language, what the process looks like, and how to begin.
- Serving
- All of CaliforniaFrom our home office in Rancho Cucamonga
- Helping families since
- 2015A decade of California matches
- The law
- Family Code §§7960–7962Gestational agreements in statute
- Parentage
- Pre-birth ordersIntended parents on the birth certificate
One of the most surrogacy-supportive states in the country
Many states leave surrogacy to case law or local court practice, so the answer can change with the judge or the county. California instead spells gestational surrogacy out in its statutes, which gives surrogates and intended parents a clear, predictable path from the start.
The detail to the right is general information, not legal advice. Your own attorney reviews every agreement.
Read our full surrogacy law guideCalifornia's framework for gestational surrogacy lives in Family Code sections 7960 through 7962, part of the state's parentage law. Two things make it stand out. First, a gestational surrogacy agreement is recognized and enforceable when the statute's requirements are met, so the promises in your contract hold up. Second, the same statute lets the court establish parentage, which can be done before the baby is born.
That pre-birth route matters. A California court can issue a parentage judgment during the pregnancy that names the intended parents as the legal parents, so their names go on the birth certificate at delivery. This applies regardless of marital status, sexual orientation, or genetic connection to the child, which is why gay couples, single parents by choice, and parents using donor eggs or sperm all have the same standing here.
The definitions
Sets out the key terms, including what counts as an assisted reproduction agreement for gestational carriers, who the intended parents are, and what a gestational carrier is. A gestational carrier is not genetically related to the child she carries.
What the agreement must cover
Describes the information a gestational carrier agreement must contain, such as the date it was signed, who the intended parents are, the source of the eggs and sperm, and who is responsible for the medical expenses of the pregnancy.
How it is made enforceable
This is the operative section. The agreement must be signed before any medications or embryo transfer begin; the surrogate and the intended parents must each have their own separate, independent attorney; and the agreement must be notarized or otherwise witnessed. Meet those requirements and the court can establish the intended parents as the legal parents, before birth.
A note on accuracy. Sections 7960 to 7962 govern gestational surrogacy, where the surrogate is not genetically related to the child. Traditional surrogacy, where the carrier uses her own egg, is treated differently under California law and is not covered by these sections. We work in gestational surrogacy. Always confirm your specifics with a licensed California reproductive attorney.
How does surrogacy work in California?
Every match moves at its own pace, but the path is the same. Here is what it looks like from your first conversation with us to the day the baby comes home.
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First conversation and application
You tell us where you are and what you want, and we explain how this works for your situation. Surrogates complete an application; intended parents talk through goals, timing, and the kind of match they hope for. No medical details are needed yet.
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Screening
Surrogates complete medical and psychological screening, including medical records review and a clinic evaluation. Intended parents and any donors are screened as needed. This protects everyone and is the stage where eligibility is confirmed.
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Matching
We introduce a surrogate and intended parents who fit each other on values, expectations, communication style, and the practical things, like contact during pregnancy and views on tough medical decisions. You decide together whether to move forward.
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Legal contracts with independent counsel
The surrogate and the intended parents each retain their own California attorney, as Family Code §7962 requires. The gestational surrogacy agreement is signed before any medications start. This is also when compensation and expenses are set in writing.
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Embryo transfer and pregnancy
The fertility clinic handles the medical cycle and the embryo transfer. Once pregnancy is confirmed, prenatal care continues with the surrogate's medical team, and your coordinator stays close to both sides throughout.
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Pre-birth order and birth
During the pregnancy, the attorneys obtain a pre-birth parentage order so the intended parents are recognized as the legal parents. At delivery, their names go on the birth certificate, and the family goes home together.
Requirements to become a surrogate in California
These are the general guidelines most surrogacy programs follow, ours included. They are a starting point, not a verdict. The only way to know for certain is a conversation and a medical review.
Are between about 21 and 38 years oldThe range can flex based on your health history.
Have given birth before and are raising a child of your ownAgencies and clinics look for prior pregnancy experience.
Had healthy, full-term pregnancies and deliveriesReviewed with your medical records during screening.
Are in good general healthConfirmed through a clinic medical evaluation.
Live in a stable home with reliable supportA partner, family, or friends you can lean on.
Do not smoke or use illicit drugsAsked about and reviewed as part of screening.
Are a U.S. citizen or lawful permanent residentHelps keep the legal process clean and predictable.
Have a stable income, not relying on cash assistanceSo compensation is genuinely yours to keep.
Wondering about a c-section, a tubal ligation, anxiety, or PCOS? Those questions come up often and the answer is usually more nuanced than a yes or no. We would rather talk it through than turn you away on a checklist. Our surrogate eligibility guide answers them condition by condition, the become a surrogate page has the full picture, or just reach out.
A California agency, run from the Inland Empire
We are not a national brand running a California page from somewhere else. Our home office is in Rancho Cucamonga, and we have built relationships with fertility clinics, reproductive attorneys, and screening providers across the state since 2015.
Being here means we know the California clinics and counties, we can meet in person when you want to, and the person who picks up the phone is part of the team that walks your whole process. We coordinate the clinics, the legal counsel, and the screening so the pieces fit together. We welcome LGBTQ+ families and single parents.
11989 Arrow Route, Rancho Cucamonga, CA 91739
(626) 528-6868
California surrogacy, answered
Is surrogacy legal in California?
Yes. Gestational surrogacy is legal in California and is set out directly in state law.
California Family Code sections 7960 to 7962 recognize gestational surrogacy agreements and make them enforceable when the requirements are met, and they let a court name the intended parents as the legal parents, including before the child is born. Access is the same for married and unmarried couples, same-sex and opposite-sex couples, and single parents. For the fuller breakdown, see our surrogacy law guide.
What are the requirements to be a surrogate in California?
In general, you are roughly 21 to 38, have given birth before and are raising a child, have had healthy pregnancies, are in good health, do not smoke, and have a stable home.
Those are starting guidelines, not a final answer. Final eligibility is confirmed through a personal conversation and a medical and background screening, because individual history matters more than any single box on a list. You can read the full set above or on our become a surrogate page.
How does the surrogacy process work in California?
It moves through six stages: first conversation and application, screening, matching, legal contracts with independent counsel, embryo transfer and pregnancy, then a pre-birth order and birth.
The legal step is specific to California: the surrogate and the intended parents each hire their own attorney and sign the gestational surrogacy agreement before any medications begin, as Family Code §7962 requires. Later, a pre-birth parentage order names the intended parents as the legal parents so their names are on the birth certificate at delivery.
Get started in California
It starts with a conversation, from wherever you are in California. We listen first, then show you exactly what comes next.