Family Formation Law
California is one of the most surrogacy-friendly states in the country — but that doesn’t mean the process is free of nuance or complexity. Families choose us because we know the law, stay current on the requirements, and guide them step by step with clarity and care. At the heart of it all is your family, and we handle every agreement with the attention it deserves.
Why Families Choose Us
We take the legal framework and put it into action. That means drafting and negotiating your surrogacy agreement, representing your interests throughout the process, and obtaining a pre-birth order so your parental rights are secured before delivery. Our role is to handle the details on your behalf and give you confidence that every step is covered.
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FAQs
Yes. California’s laws (notably Family Code §§ 7960–7962) explicitly permit gestational surrogacy and provide a legal framework to enforce surrogacy agreements.
Gestational surrogacy means the surrogate has no genetic link to the child — the embryo comes from the intended parent(s) or donor(s). In California, this is the standard model, supported by clear and well-established legal protections.
No — California welcomes married couples, partners, and single parents alike. Surrogacy here is about building families, not checking boxes.
Both the surrogate and the intended parent(s) must have independent legal counsel. This isn’t just a formality — it’s a safeguard. Separate counsel guarantees that everyone’s rights, responsibilities, and expectations are crystal clear before a single medical step is taken.
A California surrogacy agreement will outline the surrogate’s base fee along with coverage for medical expenses, maternity clothing, travel, lost wages, and any other agreed-upon costs, so there are no surprises down the line.
In California, a properly drafted surrogacy agreement and parentage order lock in the intended parents’ rights. Once those safeguards are in place, the surrogate cannot claim parental rights — the law is clear, and the parents’ status is secure.
A pre-birth order is a court order issued during pregnancy that names the intended parent(s) as the child’s legal parents. In California, it’s the gold standard — it ensures that from the moment of birth, the baby’s legal parentage is already established, with no gaps or uncertainty.
The legal side moves quickly. Most agreements are negotiated and signed within weeks, and parentage is filed once pregnancy is confirmed. By the time the baby arrives, the intended parents’ rights are already secured.
No. Intended parents don’t have to live in California to benefit from its surrogacy laws. Families from across the country — and around the world — come here because California offers some of the clearest and strongest legal protections anywhere.