California Surrogacy Law

Family Code § 7962 sets requirements for agreements involving a gestational carrier and for related parentage proceedings. It does not replace individual legal advice or the clinic’s medical clearance.

• The written agreement identifies the intended parents, the execution date and the source of the gametes. Donor gametes must be specified, but the donor need not be named.
• The agreement addresses medical expenses for the carrier and newborn. Insurance coverage, liens, notices and uncertainty about coverage must be reviewed as required by the statute.
• The carrier and intended parents must have separate independent licensed attorneys of their choosing before executing the agreement.

The parties’ signatures must be notarized or equivalently affirmed in the jurisdiction where signed. The agreement must be fully executed before embryo transfer or injectable medication in preparation for transfer. Screening and other clinical steps should be planned separately with the clinic.

A parentage action may be filed before birth, and an order may be issued before or after birth. Counsel should confirm jurisdiction, permitted filing venue, required declarations and the court’s process.

• Potential filing locations include the anticipated birth county, a party’s county of residence, or the county where the agreement was executed or medical procedures are performed, as specified in the statute.
• A compliant agreement and supporting declarations can rebut parentage presumptions involving the carrier and their spouse or partner.
• The court may require further proceedings if there is a good-faith concern about compliance. A signed agreement is not a substitute for the parentage order.

Ask your attorney about enforceability, parentage and funds. Ask your clinic about medical clearance and treatment. Your agency coordinates the arrangement and communication; each professional retains their own responsibilities.