California

Surrogacy legislation in California is governed by the California Family Law Sections 7960 – 7962, supported by much case law favorable to the practice. Such regulation may vary depending on whether the intended parents are U.S. citizens or from other countries, but the guarantees offered remain largely the same. California is often referred to as a "surrogacy friendly" state; however, there are other U.S. states that offer the same legal certainty, often at a much more affordable cost.

Surrogacy in California

Accessibility

Single parents, heterosexual and homosexual couples, both married and unmarried surrogacy in California

Conditions

Financial ability to educate and raise the child

Programs

Various packages - also set-price packages with unlimited IVF and transfers

Cost

High

Legal parentage

Parentage via pre-birth-order

Legal aspects

Birth certificate in name of intended parents

More information

Pre Birth Order and parentage

The Pre Birth Order (P.B.O.), is a document preceding the birth of the child, similar to a judgment, which establishes the parentage between the child (still in gestation) and the intended parents. The legal process is generally initiated by the attorney appointed in the American state in the second trimester of pregnancy. This "pre-birth" order takes effect only at the time of birth. Furthermore, not all "pre-birth" orders are the same, but they all establish the bond legally. For more information, please visit the page dedicated to surrogacy in the United States.

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Pre Birth Orders in California

In this state, parentage order is generally always guaranteed, but it becomes effective only at the birth of the child. Both parents can be declared as legal parents even in cases where only one of them has a genetic connection with the child.

Family types

Access to surrogacy in California is allowed for all types of families without limitations, including heterosexual couples, married and unmarried, married and unmarried same-sex couples, as well as single men and women.

Genetic link

California is a state that allows individuals and couples to be recognized as legal parents even in the absence of a genetic bond with the child. This applies to cases where embryos are created with sperm and/or egg donors, as well as in the case of embryo adoption

Regulation of gamete donation

According to the California Family Code sperm and egg donors can never be considered parents of the child when the donation occurs for an assisted reproduction technique.

Traditional surrogacy

Since it is not prohibited by statute or published case law , in some cases California also allows traditional, where parentage is established through pre or post-birth order.

Birth Certificate

In the case of couples, the birth certificate will bear the names of both intended parents. In the case of single parents, it is possible to obtain a birth certificate either with only the name of the intended father or with the name of the surrogate mother as well.

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