California is one of the best states in the country for LGBT couples and individuals who want to build their families. Not only is surrogacy legal for gay couples in California, but the state has clear laws that protect your rights and provide a well-established legal framework.

This guide walks you through exactly how California’s LGBT surrogacy laws work. You’ll learn about getting a pre-birth order, what to expect with birth certificates, when you might need a second-parent adoption and how to find the right attorney.

Whether you’re just starting to explore your options or you’re ready to take the next step, we can help connect you with an experienced surrogacy professional. Fill out our form for more information.

Can LGBT Couples Get Pre-Birth Orders in California?

Yes. California makes it relatively easy to get a pre-birth order as a same-sex couple. These court orders establish you as your child’s legal parents before birth, so your names go directly on the birth certificate when your baby arrives.

California’s pre-birth order system offers several key advantages:

• Equal Access: Pre-birth orders are available regardless of your sexual orientation or marital status, ensuring LGBT families receive the same legal protections
• No Genetic Requirement: A genetic connection isn’t required, though it can strengthen your case and provide additional legal protections.
• Flexible Filing Locations: You can file in multiple counties depending on your situation. This is especially helpful if you live out of state but want California’s strong legal protections.

Your attorney will file the petition several months before your due date, and the court will review your properly executed surrogacy contract and supporting documents.

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in California??

Both you and your partner can become legal parents through surrogacy in California. California Family Code 7962 explicitly allows LGBT couples to obtain pre-birth parentage orders without either partner having a genetic relationship to the child.

California courts have consistently ruled that the people who intend to be parents — as documented in a surrogacy contract — are the legal parents. Intent to parent, not genetics, determines legal parentage in arrangements under California’s gay surrogacy  law.

Does Marriage Status Matter for LGBT Parents?

You don’t have to be married to pursue surrogacy in California. Both partners in an LGBT couple can be named as legal parents on a pre-birth order simultaneously. However, marriage status does affect your long-term protections and options:

For Married Couples: Second-parent adoption is optional but recommended for maximum interstate protection. Marriage provides automatic parental presumptions and streamlined adoption procedures if needed.

For Unmarried Couples: You can both be named as parents on the pre-birth order and birth certificate, but second-parent adoption is required for the non-genetic partner to establish legal parentage beyond that. Without marriage, you lack the legal presumptions that could help if your parentage is challenged.

Can Single LGBT Parents Get Pre-Birth Orders for Surrogacy in California?

California makes surrogacy just as accessible for single LGBT parents as it is for couples. You follow the same legal process and receive identical protections under state law.

You can get a pre-birth order that names you as the sole legal parent from the moment your child is born. This works whether you’re using your own egg or sperm, donor gametes or a combination. The court will establish that you’re the only parent and that your surrogate has no parental rights or responsibilities.

How Do Birth Certificates Work for Gay Couples Using Surrogacy in California?

California lets you choose how you want to be listed on your child’s birth certificate. Since 2016, parents can choose to be designated as “Father,” “Mother” or “Parent.”

The great thing about California is that your final birth certificate will list you as parents without mentioning the surrogate at all. This gives you clean documentation that clearly shows your family structure and parental rights.

Birth Certificate Timeline: What to Expect

The time it takes to get your birth certificate depends on where you apply. County vital records offices are significantly faster than the state office.

Here’s what to expect from county offices:

• In Person: Same day to a few business days
• By Mail: One to two weeks after complete application received
• Overall Timeline: One to four weeks after birth

If you need your birth certificate quickly for travel or other urgent needs, most counties offer expedited processing and rush shipping options.

Is Second-Parent Adoption Necessary After California Surrogacy?

Gay parents don’t need to adopt their own child in California as long as they get a pre-birth order. The pre-birth order establishes your parental rights, and that’s usually enough.

However, some LGBT families choose to get a second-parent adoption anyway for extra protection. This can be helpful if you plan to travel internationally with your child, might move to a less LGBT-friendly state or just want peace of mind.

If you want a second-parent adoption in California, being married or registered domestic partners gives you access to streamlined stepparent adoption procedures. Unmarried couples can still pursue second-parent adoption, but they’ll follow a different process that typically involves more steps and requirements.

Essential Surrogacy Contract Protections for LGBT Parents in California

Your surrogacy contract is the legal foundation that protects your rights throughout the entire process. California’s LGBT surrogacy laws make these contracts legally binding when they’re done correctly.

Here’s what your contract must include:

• Written and Notarized Agreement: The contract must be completed and signed by all parties before any medical procedures begin, with separate lawyers representing each side.
• Clear Intended Parent Identification: Establish both partners as intended parents regardless of genetic connection.
• Gamete Source Documentation: Record where egg and sperm came from (unless using anonymous donors).

Unlike many other states, California validates these agreements when done properly. The state allows reasonable compensation for surrogates and has clear rules about how courts will uphold your contract, so you can feel confident your agreement will be honored.

Why Work With a Surrogacy Agency if You’re an LGBT Couple in California

Working with a surrogacy agency that helps gay couples in California can make your path to parenthood smoother and more successful.

• Legal Connections: Established agencies maintain relationships with attorneys who specialize in gay surrogacy law.
• Better Matching: Top-tier agencies can connect you with pre-screened surrogates who are comfortable with LGBT intended parents.
• Comprehensive Guidance: Agencies offer specialized guidance on both the legal requirements and emotional considerations unique to LGBT family building through surrogacy.

Finding an LGBT-Friendly Surrogacy Attorney in California

Here are experienced attorneys licensed in California who can help you on your journey:

• Ralph Tsong (Cerritos)
• Amanda Troxler (Los Angeles)
• Ellen Trachman (Denver, CO and New York, NY)
• Tabitha Koh (Portland, OR)
• Tamara Daney (Oakland)
• Amira Hasenbush (Glendale)
• Lori Meyers (Los Angeles)
• Stephanie Caballero (Carlsbad)
• Catherine McGowan (San Diego)
• Kristine Colburn (San Diego)
• Michelle Keeyes (La Mesa)
• D. Durand Cook (Culver City)
• Richard Vaughn (Los Angeles)
• Richard Geisler (San Diego)
• Robert Walmsley (Los Olivos)
• Gregory Masler (Irvine)
• Cynthia Fruchtman (Santa Monica)
• Shelley Tarnoff (Oakland)
• Erin O’Kane Allen (Poway)
• Casey O’Connell (San Diego)
• Shannon Matteson (San Diego)
• Kimberly Surratt (Reno, NV)

How to Get Started With LGBT Surrogacy in California

Starting your LGBT surrogacy journey in California begins with understanding that you have excellent legal protections and a supportive framework for building your family.

Here’s the step-by-step process:

• Step 1: Connect with an LGBT-friendly agency. Choose a vetted surrogacy agency that understands the unique aspects of LGBT family building and can guide you through both the emotional and legal aspects of the process.
• Step 2: Get specialized legal counsel. Your agency will connect you with attorneys who specialize in LGBT surrogacy law in California.
• Step 3: Move forward with confidence. Complete surrogate matching, finalize contracts and begin the medical process knowing your legal rights are fully protected under surrogacy laws for LGBTQ couples in California.