What Types of Surrogacy Are Legal in California?

Traditional surrogacy, gestational surrogacy, private surrogacy, gay surrogacy — are they a possibility in the Golden State? Find out what you need to know about each of these paths before deciding which one is right for you.

Thinking about surrogacy in California? The first decision you’ll need to make is exactly what kind of surrogacy you are going to pursue.

You may not know that there are several options when it comes to choosing a surrogacy path. Whether you’re an intended parent or a prospective surrogate, the kind of surrogacy that you pursue will play a large part in how your journey progresses.

So, how do you choose the path that is right for you?

First, contact our specialists at American Surrogacy today. Our professionals are knowledgeable in all kinds of surrogacy and can help you understand the pros and cons associated with each path. We can even help you create a surrogacy plan and get started with your California gestational surrogacy whenever you are ready!

In the meantime, learn a bit more about the different types of surrogacy in California below.

Gestational Surrogacy in California

When it comes to surrogacy in California, the most popular option is gestational surrogacy.

Gestational surrogacy in California is surrogacy in which a surrogate is not genetically related to the child she carries. Instead, the intended parents create an embryo (either from their own gametes or with donated gametes), which is then transferred to the surrogate’s uterus. When the baby is born, a surrogate will have no legal parental rights because she is not the child’s biological mother.

California gestational surrogacy is by far the safest and most ethical way for intended parents and surrogates to achieve their surrogacy dreams. It eliminates the legal risk and emotional complications that can arise when a woman is genetically related to the child she carries. In fact, a gestational surrogacy contract in California is the only type that is protected and enforceable under California surrogacy laws.

The vast majority of surrogacy professionals in California and across the United States will only complete gestational surrogacies. American Surrogacy is one of them. Our specialists are always available to discuss your upcoming gestational surrogacy in California with you — including how our agency can help you reach your dreams.

Traditional Surrogacy in California

On the other hand, intended parents and surrogates have the option of California traditional surrogacy — but this path is much rarer.

In traditional surrogacy in California, a surrogate is genetically related to the baby she carries. This means she is either artificially inseminated or donates her eggs for use in the IVF process. Because she is the child’s biological mother, there are more legal risks and potential for emotional complications.

There are no defined traditional surrogacy laws in California, and you may be hard-pressed to find a local surrogacy professional that will assist you through this process. Before you begin, we encourage you to speak with a surrogacy professional for more information and to determine whether this path is the right one for your family.

Commercial Surrogacy in California

California has one of the largest economies in the world. In turn, commercial surrogacy in California is a thriving business.

California surrogacy professionals commonly offer much higher surrogate compensation than other states in the U.S.  While our agency’s base compensation usually starts at $30,000, our surrogates who live in the Golden State may be eligible for a higher base compensation. We encourage intended parents and prospective surrogates who live in California to contact our surrogacy specialists for more information on estimated surrogacy costs and compensation in their situation.

Our specialists can also guide you through an altruistic surrogacy in California, too. If you have found a gestational carrier who is willing to carry for you for free, please contact our agency to get started.

Keep in mind: Commercial surrogacy in California may not be possible for a traditional surrogacy case. A local attorney can best answer your questions on this situation.

Independent or Private Surrogacy in California

American Surrogacy is always available to guide you through an agency-assisted surrogacy, but you also have the option of an independent surrogacy in California, if you desire.

So, what is an independent surrogacy in California? Simply put, this is surrogacy in which intended parents and surrogates work without the assistance of an agency. Instead, they work only with a fertility clinic and a surrogacy attorney. All of the organization and coordination must be done by the intended parents and surrogate, and they must take on a great deal of responsibility to safely complete their journey.

Before you decide that an independent surrogacy in California is right for you, we encourage you to research your options for surrogacy agencies. Understanding the pros and cons of agency-assisted and private surrogacy in California will help you make the best decision for your family. Before you take this journey on your own, you must be 100 percent prepared for the responsibilities ahead of you.

Single-Parent Surrogacy in California

If you are thinking about pursuing surrogacy as a single parent, you may be worried about a lot of things: the challenges of single parenting, choosing the right gamete donor, and more.

But, you might first be asking, “Is single-parent surrogacy in California possible?”

The answer is yes! American Surrogacy and other surrogacy professionals have helped many single intended parents add to their family, and this is certainly an option for you if you live in California. Surrogacy laws in California stipulate exactly what is to be done when gamete donors are involved; a sperm or egg donor will have no legal rights to your child. Instead, you will be able to establish your parental rights easily with the assistance of an experienced surrogacy lawyer.

If you are interested in single-parent surrogacy in California — or any of the other types of surrogacy listed above — please contact American Surrogacy at 1-800-875-BABY(2229) today. We can answer all of your questions and provide the information you need to make your surrogacy dreams come true. Whatever your personal preferences and goals, we are here to help!