Process begins in the last few months of pregnancy.

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

Yes; however, the Order will only be honored for Intended Parents with genetic connections.  If an Intended Parent is not genetically related, they must adopt the child(ren). 

The Order must also be domesticated via local counsel following the birth.  The Order provided to local counsel must be both certified and exemplified. 

As of April 2017, the Order will likely be domesticated and recognized within a week

Prior to the birth, provide the hospital with the GC's signed Guardian Designation.  At the time of birth, an Acknowledgment of Paternity (green sheet) will be provided by the hospital and will need to be completed, signed by all parties, and notarized by the hospital's notary.  The Acknowledgment of Paternity will list the Intended Father's name on the birth certificate with the GC; the domesticated Order will instruct Vital Records to remove the GC's name and issue a corrected birth certificate.

Birth Certificates

Timing - Varies by county, but the typical time frame is 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 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.

Do results vary by venue?  No.

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)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in California?  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? 

Does the couple need to be married?  No.

of counsel

Kathleen M. McRoberts

Third Party Reproduction Law, PLLC

300 Main Street, Suite 203

P.O. Box 176

Boise, ID 83701

(208) 214-4585