California Surrogacy Laws Explained: CPSA, Birth Orders & Parental Rights

California is one of the most surrogacy-friendly states in the U.S. Its laws protect both surrogates and intended parents. Understanding California Surrogacy Laws ensures a smooth process and reduces legal risks. This blog explains the key legal aspects, including the CPSA, pre-birth orders, and parental rights.

The Legal Process for Intended Parents and Surrogates

California Parentage Act (CPSA)

The California Parentage Act (CPSA) governs surrogacy agreements. It provides legal clarity for surrogates and intended parents. The CPSA ensures:

• Intended parents are legally recognized
  
• Surrogates provide informed consent
  
• Contracts are legally enforceable
  
• Disputes are minimized

By following CPSA guidelines, all parties know their rights and responsibilities. This reduces the risk of conflicts after the baby is born.

Pre-Birth Orders

A pre-birth order establishes the intended parents as legal parents before the baby is born. This is crucial in California, as it ensures that the birth certificate lists the intended parents.

Steps to Obtain a Pre-Birth Order:

1. Hire a lawyer experienced in surrogacy law.
   
2. File a petition in the local California court.
   
3. Obtain the surrogate’s written consent.
   
4. Receive court approval before delivery.
   

Pre-birth orders simplify the legal process and prevent delays in parental rights.

Parental Rights

Once a pre-birth order is issued:

• Intended parents have full parental rights.
  
• Surrogates relinquish parental rights as per the contract.
  
• The child’s legal parentage is clear immediately after birth.
  

This legal clarity protects the child, surrogate, and intended parents.

Surrogacy Contracts

A surrogacy agency contract is mandatory in California. It should outline:

• Responsibilities of the surrogate and intended parents
  
• Surrogate compensation and reimbursements
  
• Medical care expectations
  
• Contingency plans for multiple births or complications
  

Contracts should be signed before IVF or embryo transfer. Legal experts can draft these agreements to ensure compliance with state law.

Tips for Legal Compliance

• Hire a California-based surrogacy lawyer.
  
• Ensure contracts and pre-birth orders are completed before pregnancy begins.
  
• Keep copies of all legal documents.
  
• Confirm that hospitals and clinics recognize pre-birth orders.
  

Related Links

• Find a Surrogate in the USA
• Find a Surrogate in Canada
• Become a Surrogate
• Egg Donor Options in the USA
• Indian Egg Donors
• Patients Medical – Wellness & Fertility

Frequently Asked Questions (FAQs)

Q1. Is surrogacy legal in California?

Ans : Yes, California allows both gestational and traditional surrogacy, including for same-sex couples and single parents.

Q2. What is a pre-birth order?

Ans : It is a court order that legally establishes intended parents as the child’s parents before birth. This avoids delays in birth registration.

Q3. Does the surrogate have parental rights?

Ans : No, Surrogates in California legally relinquish parental rights once the pre-birth order is issued.

Q4. Do intended parents need a lawyer?

Ans : Yes, A lawyer ensures contracts and parental rights comply with California law. Agencies like Surrogacy4All can guide intended parents through the legal process. 

For more information, please call (212) 661-7673.