California Surrogacy Laws: What Makes the State So Surrogacy-Friendly?
When building your family through surrogacy, the state you choose matters. Across the U.S., surrogacy laws vary widely, with some states offering clear legal protections, while others have restrictive rules or no established framework at all. California, however, is known for having one of the most supportive and clearly defined surrogacy frameworks in the country. For many families, this clarity makes California one of the safest and most dependable places to pursue surrogacy.
Understanding California’s Surrogacy Laws
California has long been a supportive environment for surrogacy. Its laws not only permit the process, but also provide safeguards that help both intended parents and surrogates navigate the process with a sense of security and ease.
A few key advantages of California’s surrogacy laws include:
Surrogacy Contracts Are Enforceable
In California, surrogacy agreements are legally recognized. This means that when intended parents and surrogates sign a written contract, the terms are legally binding and can be upheld in the courts. Within these contracts, everyone’s rights and responsibilities are clearly outlined before any medical steps begin. In some states, where compensated surrogacy is either not permitted or explicitly recognized, intended parents and surrogates may face uncertainty about whether a judge would recognize or honor the agreement if an issue arose.
Pre-Birth Parentage Orders Are Readily Available
One of the most reassuring parts of California surrogacy law is the ability for intended parents to receive a pre-birth parentage order. This court order establishes who the legal parents are before the baby is born, so there’s no question about parentage in the delivery room.
Additionally, in California, pre-birth orders are available regardless of:
Marital status
Sexual orientation
Use of donor gametes
This inclusivity makes California a strong choice for LGBTQ+ families, single intended parents, and parents using donor eggs or sperm.
Legal Protections for Surrogates
California law also protects surrogates. Surrogates must:
Have their own independent attorney
Review and sign the agreement before starting medications
Be fully informed about their rights and responsibilities
This ensures surrogates are respected, supported, and protected throughout the journey.
How California Compares to Other States
Some states take a much more restrictive approach to surrogacy than California.
In Nebraska, for example, surrogacy contracts are considered void and unenforceable. Families can move forward with a surrogacy arrangement, but there’s no guarantee the agreement will be recognized in court. Pre-birth parentage orders aren’t available, and many intended parents must complete a post-birth adoption — an added layer of uncertainty and delay.
In Louisiana, surrogacy is permitted only in very limited situations. Intended parents must be married, heterosexual, and both genetically related to the child, which means donor eggs or sperm cannot be used. The state also imposes strict contract requirements, and failure to meet them can result in civil or even criminal penalties.
In contrast, California explicitly recognizes and supports surrogacy. Enforceable contracts, pre-birth parentage orders, and broad eligibility for intended parents — regardless of marital status, orientation, or use of donor gametes — are key reasons so many intended parents and surrogates choose to work with California-based programs.
Benefits of Working with a California-Based Agency
If intended parents or surrogates live elsewhere, partnering with a California surrogacy agency brings the benefit of the state’s strong legal framework. Additionally, at West Coast Surrogacy, we work closely with experienced attorneys who understand the law and guide each step of the process.
Choosing WCS means:
You’ll have access to attorneys who specialize in surrogacy law
Surrogates are supported and protected
Intended parents can feel confident that the journey is legally secure
Surrogacy is a major emotional and financial commitment. Having a clear legal path removes the uncertainty so you can focus on what truly matters — building your family. If you would like to learn more about how West Coast Surrogacy can help support and protect your surrogacy journey, reach out to us today.
