Traditionally, post-birth; however, pre-birth orders have been granted to married hetero couples with bio connections to the resulting child(ren).  The table below assumes a post-birth order is issued.

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.

Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections

Acceptance of California Pre-birth order

Likely yes; however, it has not been tested.

Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - Unknown if the initial birth certificate can include the name of the GC with the name of an IP.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.



County of the child's birthplace, county of the Intended Parent's residence, county of the GC’s residence, or county which is most convenient for the parties.

Do results vary by venue?  No, but there are procedural variations.

Are motions to waive venue accepted?  No

Electronic signatures / e-notarizaTIONS


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Unknown.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes

Does the couple need to be married?  No.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Presumably, yes.

Does the couple need to be married?  Unknown.