California is one of the most surrogacy-friendly states in the U.S., making it a common
destination for Intended Parents, Surrogates, and Egg Donors. The legal process is
well-established and designed to protect everyone involved.
Many Intended Parents begin by speaking with an IVF physician or fertility clinic to discuss
medical options, timelines, and costs. That is a sensible starting point—just keep in mind that
surrogacy also involves important legal steps, including a written agreement and a court
parentage order. This guide walks you through the typical California process and highlights
when to involve an attorney so you can move forward confidently and avoid delays.
Step 1: Speak with an IVF Physician / Fertility Clinic (If You Start Medically First)
If you are just beginning, you may choose to start with a consultation at an IVF clinic to discuss
fertility testing, embryo creation (if needed), genetic screening, and the clinic’s requirements for
third-party reproduction (surrogacy and/or egg donation). Ask the clinic about (1) their process
for working with gestational carriers, (2) what screenings they require for Intended Parents and
a surrogate, (3) typical timelines for medical clearance and transfer, and (4) when they require a
signed surrogacy agreement before starting medications or scheduling transfer.
- Helpful to gather before speaking with a surrogacy attorney: clinic name and
coordinator contact; whether embryos already exist; whether an egg donor is involved;
any clinic consent forms you have been asked to sign; your preferred timing for
transfer; and whether you are working with an agency or an independent match.
Step 2: Consultation with a California Surrogacy Attorney (Before the Contract and Before Transfer)
Even if you begin with an IVF physician, you can speak with an experienced California
surrogacy attorney early. Legal guidance helps you understand California’s parentage process,
how costs typically flow (agency, escrow, insurance, medical, legal), and how to structure the
arrangement to protect you, the surrogate, and the Child.
Step 3: Match with a Qualified Surrogate
A legally binding surrogacy contract in California is one of the most important steps. This
agreement outlines compensation, medical decisions, parental rights, and responsibilities for all
parties. California law generally requires separate legal counsel for the Intended Parents
and the surrogate, along with notarized written agreements.
Step 4: Draft and Sign the Surrogacy Agreement
After the surrogacy agreement is fully signed and the surrogate is medically cleared, the fertility
clinic coordinates the IVF cycle (if embryos are not yet created) and schedules the embryo
transfer. In most California matters this is gestational surrogacy, meaning the surrogate has
no genetic relationship to the baby.
Step 5: Pre-Birth Parentage Order
One of the biggest legal advantages of surrogacy in California is the pre-birth order. This court
order establishes the Intended Parents as the legal parents before the baby is born and directs
the hospital and vital records office accordingly.
Step 6: Birth and Final Documentation
After the baby is born, the Intended Parents’ names are placed on the birth certificate pursuant
to the court’s parentage order and the hospital’s intake process. Your attorney can also advise
regarding any final post-birth documents requested by the hospital, clinic, or agency, as well as
practical next steps for your family.
At The Law Offices of Gregory S. Masler, we represent Intended Parents in California
surrogacy matters and work closely with fertility clinics and agencies to keep the legal process
on track—from the agreement through the pre-birth parentage order.
Disclaimer: The information provided on this website does not, and is not intended to constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney or licensed tax professionals to obtain advice with respect to any legal matter.