California

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

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.

Order becomes effective at the moment of birth under California Family Code Section 7633.


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 Out of state order

Yes.


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 - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute, California Family Law Sections 7960 – 7962 (2013), with additional long-standing supporting case law: Johnson v. Calvert (1993), and Buzzanca v. Buzzanca (1998).

Traditional Surrogacy is permitted in California because no statute or published case law prohibits it. The Intended Parent may file a parentage order (pre or post-birth), but it would be at the discretion of the court whether and when to grant it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. California Family Code 7613 specifies that a neither a sperm donor nor an egg donor is a parent when sperm or eggs are provided during as result of assisted conception.

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  Yes, the court’s decision in Buzzanca v. Buzzanca (citation above) makes it clear that neither an egg donor nor a sperm donor are the legal parent.

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, county where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

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

Are motions to waive venue accepted?  No.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


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)?  Yes, but only if the Gestational Carrier lives in California.

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

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.