It is always good to talk to a professional if you need clarification on any aspect of California`s surrogacy laws. As we said, California is a surrogacy-friendly state, and there are many surrogacy advocates who help you navigate the legal parts of the surrogate`s journey. The State of California accepts surrogacy agreements very well. In fact, it is commonly referred to as an „overrogacy friendly“ state. California is one of the few states that currently allow parents who intend to establish ancestry rights before the birth of their child (or children) without having to go through an adoption procedure, as is required in most countries. California law allows it whether intentional parents are married or are members of the LGBT community. Fortunately, for those who want to enter into a surrogacy agreement in California, California is one of the most favorable surrogacy states in the country. The California Family Code expressly provides that certain types of surrogacy agreements may be implemented by state courts, provided that the contracting parties meet all legal requirements. However, while the parties may find solace in knowing that a properly executed surrogacy agreement is considered valid, the preparation of such an agreement and the guarantee of the protection of important rights are much more complex.
An experienced lawyer is able to effectively guide his client through the process and even ensure that the contract protects beyond the legal safeguards. California`s Surrogacy Act requires parents and surrogates to be represented by a separate lawyer. You cannot share the same lawyer who would defend both interests during that period. The first case of surrogacy in the United States was in The Matter of Baby M (widely discussed in the tab below). In this case, it was a traditional surrogacy contract. Soon after, advances in in vitro fertilization led to gestational loan motherhood, which prompted the courts to enter an unknown area without or little legislative guidance. Intentional parents and a gestational surrogate (and, if applicable, their spouse) must jointly enter into a surrogacy contract in California before they can begin the medical stages of surrogacy in CA.
