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Home > Assisted Reproductive Technology Laws by State > Assisted Reproductive Technology Laws in California

An introduction to the laws of Assisted Reproductive Technology (ART) in the State of California

Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in California and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA)  share expertise and provide an introduction to the laws of Assisted Reproduction Technology in CA.

Key Questions on ART Laws in California

Generally, is California friendly to ART?  Yes

Is California friendly to non-married couples? Yes

Is California friendly to LGBT families? Yes

Is California friendly to a single intended parent?  Yes

Are there statutes in place for surrogacy in California?   Yes, for Gestational Surrogacy but not for Traditional Surrogacy.

Does California have an embryo donation statute?  No, California does not have an embryo donation statute, but they use their sperm, egg and organ donation statutes.

Does California have an egg donation statute? Yes

Is gestational surrogacy (third party gamete use) permitted in California? Yes

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in California? Yes

In California, is compensated surrogacy allowed by statute? Yes In practice? Yes

In California is uncompensated (expense reimbursement only) surrogacy allowed by statute? Yes In practice? Yes

Does California only permit a Carrier to be reimbursed for expenses? No

Are surrogacy agreements enforceable, void or prohibited in California? Enforceable by statute for gestational surrogacy.

In California, do both Intended Parents both have to be genetically related to the child? No

Does California require at least one Intended Parent to be genetically related to the child?  No

In California, if a single intended parent uses surrogacy, do they have to be genetically related to the child? No

Do the Intended Parents have to be married in California? No

Do two Intended Parents have to be opposite genders in California? No

Does California allow pre-birth parentage orders to be issued for surrogacy? Yes

Does California only allow a post-birth parentage order to be issued? Yes

Can you obtain both a pre and post birth order in California for the same child? Yes

Can you obtain a parentage order if only the carrier resides in California? Yes

Can you obtain a parentage order if only the intended parents reside in California? Yes

Can you obtain a parentage order if only the birth occurs in California? Yes, but possibly only post-birth

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in California?  Yes

What is the basis for venue in California? The basis for venue in California for surrogacy are any of the following:  county of the child’s birthplace, county of the Intended Parent’s residence, county of the Gestational Surrogate’s residence, County where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  Yes

Is a hearing required for a parentage order in California? Generally, not.

Does California have a passport office? Yes, California has 3 Regional Passport Offices.

How long does it take to obtain a birth certificate in California? Depends on the County but usually 5-10 days.

Will your vital records honor a parentage order from another state?  Yes 

Does California’s vital records office require a parentage order from another state to be registered? No

How does the birth certificate list same-sex parents in California? “Parent/Parent” or “Mother/Mother” or “Father/Father” (whatever the IPs choose)

Can an initial birth certificate be obtained naming the biological parent and the carrier in California? Possibly

In California, can the birth certificate be amended to include only the biological parent or both intended parents? Yes

Do your amended birth certificates say “amended” on them? No

Can intended parents in a surrogacy obtain an adoption order in California? Yes

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of California should not rely exclusively on these printed responses.  All these issues should be discussed with a California ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.

AAAA Assisted Reproduction Technology Attorneys in CA

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Assisted Reproduction Technology Laws by State

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AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #9
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

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DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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