Surrogacy in California: Choosing Legal Support You Can Count On

Embarking on creating a family, particularly through a surrogacy journe,y is a deeply personal and life-changing decision – one filled with hope, anticipation, and, understandably, a fair share of questions. Whether you’re growing your family through surrogacy or you’re acting as a surrogate for a couple, the legal process in California is complex and carries long-lasting consequences for everyone involved.

Choosing the right legal guidance for your surrogacy journey isn’t just about paperwork. It’s about protecting your rights, ensuring clarity throughout the process, and paving the way for a smooth and emotionally supported experience. From parental recognition and rights to financial agreements and medical decisions, the legal framework must be handled with precision, care, and a thorough understanding of California surrogacy law.

At Moradi Neufer, we’ve guided clients through surrogacy arrangements across California with clarity, compassion, and a deep command of the legal process. Our approach is rooted in a commitment to safeguarding your interests and making your journey to parenthood – or supporting another’s parenthood – as confident and stress-free as possible.

What Legal Steps Are Required in California Before Embryo Transfer?

Before an embryo is ever transferred in a surrogacy agreement, California law requires that several key legal steps be completed. When the parties start to have these conversations early on in the process, you can prevent miscommunication in the future. The required legal steps are in place to protect both the intended parents and the surrogate, and to establish a clear legal framework that prevents disputes or uncertainty later in the process. The process involves:

• Drafting and Signing a Surrogacy Agreement – You and your surrogate must enter into a comprehensive, written legal agreement before any medical procedures occur. Your surrogacy agreement should lay the foundation for your relationship, expectations, and legal responsibilities for the surrogacy. It’s a required step, not just a best practice, and must be signed before an embryo transfer can happen. The more comprehensive the agreement, the less room there is for later confusion. 
• Independent Legal Counsel for All Sides – California law mandates that both the intended parents and the surrogate must have separate, independent legal counsel. This ensures that everyone involved understands their rights and responsibilities and that no party is pressured or placed at a disadvantage. Our office works collaboratively with the other attorney in the process so both parties can have meaningful input into any agreements that are made. 
• Notarization and Finalization of Your Agreement – Once the agreement has been negotiated and reviewed by each side’s attorney, it must be signed and often notarized to make it legally binding. This typically happens well before any embryo transfer is scheduled, so it’s crucial that you start early for the sake of timing.
• Legal Clearance to the Fertility Clinic – After the agreement is finalized, your attorney will issue a legal clearance letter to the fertility clinic. This confirms that all legal rules have been met and that the clinic is authorized to proceed with the embryo transfer.
• Escrow Account Set up – If there are to be payments made, you will want to have an agreement on where funds will be deposited, how those payments will be made during the process and you may wish to set up your escrow account prior to the start of the transfer of any embryos. 

Completing these steps the right way, with care and precision, gives you confidence moving forward. It also ensures that everyone enters the process informed, protected, and in alignment, which sets the stage for a more positive surrogacy journey.

What Should Be Covered in Your Surrogacy Contract?

Your surrogacy contract is far more than a formality – it’s the central document that governs your rights, expectations, and responsibilities throughout the journey. A well-crafted agreement helps reduce confusion, avoid conflict, and guide you through even the most sensitive moments.

A strong California surrogacy contract must include:

1. Compensation and Reimbursement Details – If you’re working with a compensated surrogate, your agreement should clearly outline base compensation, payment schedules, and reimbursement for specific expenses (such as maternity clothes, specific food, prenatal vitamins, travel, lost wages from taking time off for the pregnancy, or childcare).
2. Medical and Psychological Decision-Making – Your agreement should detail who has the authority to make medical decisions, how prenatal care will be handled, and how unforeseen circumstances – such as medical complications – will be addressed. You will also want to have agreements on access to pertinent medical information as well as whether the intended parents will be present for medical appointments. Another important area that should be covered is whether the surrogate will be expected to be vaccinated against certain illnesses or if intended parents are seeking a surrogate that will not be vaccinated. 
3. Parental Rights and Intent – A critical section will affirm that you, the intended parents, will be recognized as the child’s legal parents. This sets the legal groundwork for getting a pre-birth order, which ensures that your names go directly on the birth certificate.
4. Terms for Embryo Transfer and Pregnancy Attempts – This includes how many embryos will be transferred, how many attempts will be made, and what happens if those attempts are unsuccessful at getting a pregnancy.
5. Agreements Regarding Termination or Selective Reduction – These are deeply personal decisions, but the law requires that they be addressed in your surrogacy agreement. Both parties must agree in advance on how to approach scenarios involving selective reduction, termination, or fetal anomalies. It is important that the intended parents and the surrogate are on the same page particularly if there is an expectation that a pregnancy may need to be terminated for certain medical conditions. 
6. Lifestyle Expectations and Health Guidelines – To protect the health of the surrogate and baby, the contract often includes mutually agreed-upon lifestyle guidelines during the pregnancy, such as abstaining from alcohol or high-risk activities or having a particular diet.  We recommend that prior to selecting a surrogate that intended parents indicate whether they wish to have a certain diet followed. For example if there is an expectation that your surrogate will follow a vegan diet, it is better to have a surrogate that is already vegan. 
7. Post-Birth Agreements – Some contracts include terms about the intended parents’ presence at the birth, how the child will be handed over after birth, and whether there will be any ongoing contract with the surrogate after the delivery. You will also want to address how to handle any complications during the birth. 

Your surrogacy contract isn’t just a checklist – it’s a vital document that reflects your shared values, boundaries, and commitments for the surrogacy. With the right legal support, your contract becomes a source of clarity and confidence for everyone involved. 

How Do You Ensure Your Parental Rights Are Fully Protected?

One of the most important – and understandably, emotional – concerns for intended parents is legal recognition of their parental rights. California is widely considered one of the most surrogacy-friendly states in the U.S., offering strong legal protections for all parties involved. Still, ensuring your rights are properly established requires proactive legal work.

1. Pre-Birth Parentage Order – In California, intended parents can get a court-issued document that declares you the legal parents of the child before the baby is born. Your names can be placed directly on the birth certificate, without the need for adoption or additional post-birth steps. The process of getting a pre-birth order is straightforward when managed by an experienced surrogacy attorney. Typically, the petition is filed around the second trimester and finalized a few weeks before the due date. If there is an issue and the surrogate has to deliver early, there are ways to have an emergency order issued, but we recommend completing this process with enough time so that you are not worried about it during delivery or birth. 
2. Clear Intent in the Surrogacy Agreement – Your surrogacy contract must clearly state that the surrogate agrees (1) she is not the legal mother of the child, and (2) you are the intended parents. This clause is a key piece of evidence that California courts rely on when deciding whether to issue a pre-birth parentage order.
3. Legal Representation for All Parties – As mentioned earlier, California law requires the surrogate and intended parents have separate legal counsel. This reinforces the validity of the agreement and provides a safeguard in case any questions arise about consent, coercion, or understanding of responsibilities.
4. Post-Birth Steps, If Necessary – In rare situations, such as international surrogacy, another jurisdiction, or if the court needs additional documentation, you may need additional post-birth steps to secure your parental rights. Your attorney will guide you through any necessities to ensure seamless recognition of your legal parentage.

In short, with the proper legal groundwork laid early in the process, your parental rights can be fully protected well before your baby arrives – giving you peace of mind to focus on what truly matters: preparing for the arrival of your family’s newest member.

What’s the Typical Timeline for Legal Steps in a California Surrogacy?

Understanding the timeline for legal milestones in a surrogacy journey can help you plan with greater confidence and reduce stress along the way. While each case is unique, below is a general overview of what you can expect as a baseline:

• Weeks 1-2: Initial Consultation and Legal Retainer – Once you’ve selected a surrogacy attorney, you’ll begin with a consultation to discuss your goals, timeline, unique circumstances, and any prior arrangements you may have, such as agency matching or embryo creation. After all sides have retained independent legal counsel, the process moves quickly into drafting your surrogacy agreement. During this time you can discuss the process and work to establish the team that will be working on your matter. 
• Weeks 2-4: Contract Drafting and Review – Your attorney will draft the surrogacy agreement based on your preferences, the surrogate’s details, and the surrogacy agency’s protocols. The surrogate’s attorney will review the draft on her behalf, suggest revisions if necessary, and coordinate signatures. We take a collaborative approach while drafting or reviewing for a surrogate to make sure that all parties are on the same page before the initial document is circulated. All legal agreements must be finalized before the fertility clinic will schedule an embryo transfer.
• Weeks 4-5: Legal Clearance for the Clinic – Once the legal contract is signed, your attorney will send a legal clearance letter to the fertility clinic. This gives the green light for the medical team to begin surrogacy procedures, typically starting by scheduling a calendar for medications and embryo transfer.
• 20-28 Weeks Gestation: Pre-Birth Order Preparation and Filing – During the second trimester, your lawyer will prepare the paperwork for your pre-birth order. This is the order from the court that confirms that the intended parents are the legal parents. The timeline for court processing varies by county, but most orders are granted several weeks before the due date, giving hospitals clear instructions on who the legal parents are.
• Post-Birth Confirmation or Final Steps if Needed – In most California surrogacy cases, no post-birth legal action is necessary if you’ve covered all your bases. However, if you’re pursuing international recognition of parentage or working with a same-sex partner, your attorney may advise additional documentation after birth.

Surrogacy is a journey best taken step by step, and the legal process is no exception. With the right guidance, you’ll always know what’s coming next – and you’ll never walk the path alone.

How Can Your Attorney Handle Unexpected Challenges or Disputes?

Even in the most carefully planned surrogacy arrangements, unexpected challenges can arise. While everyone enters the process with the best intentions, the emotional, medical, and legal complexity of surrogacy can sometimes bring unforeseen issues to the surface. This is where the value of strong, steady legal guidance becomes truly critical. This is why it is critical to have a team that can anticipate challenges and have open communication through the process. 

A capable surrogacy lawyer doesn’t just draft contracts – they help guide you through uncertainty and protect your interests if complications emerge.

• Addressing Medical or Health Complications – Surrogacy inherently involves medical risks. If your surrogate faces unexpected health issues during pregnancy, or if something changes with the fetus, such as the discovery of a congenital condition, your attorney plays a key role in helping you understand your rights and responsibilities. Your surrogacy agreement should already include guidance for how such situations will be handled, including decisions around medical care, selective reduction, or termination. If the situation falls outside the scope of your contract or emotions run high, your attorney can step in to mediate and clarify next steps with compassion and authority. We may also have mental health professionals on the team that can assist the intended parents or the surrogate when difficult decisions need to be made. 
• Resolving Misunderstandings or Communication Breakdowns – Misunderstandings can happen, even with a solid contract in place. Perhaps the surrogate has questions about reimbursement timing, or you’re unclear about communication expectations during the pregnancy. Your attorney can act as an intermediary, resolving issues efficiently and preserving goodwill between all parties. Having a neutral legal professional step in early often prevents small concerns from escalating into larger disputes. We recommend having structured meetings and collaborative check-ins during the pregnancy to avoid disputes and misunderstandings. 
• Handling Breach of Contract or Disagreements – In rare but serious cases, one or more of the people involved may not comply with the terms of the surrogacy agreement. They may miss payment, fail to follow certain medical protocols, or disagree over birth plans. When this happens, your attorney will review your options, ranging from informal resolution to, if necessary, legal enforcement through the courts.
• Supporting You Through Legal Gray Areas – Not every challenge is a breach of contract. Sometimes, questions arise that fall into legal gray areas, such as changes to your family situation, a shift in the surrogate’s preferences, or new regulations affecting third-party reproduction. In these moments, your attorney becomes a problem-solver, analyzing the facts, clarifying your legal position, and helping you respond confidently.
• Providing Ongoing Guidance Without Judgment – Most importantly, your lawyer should provide calm, reliable counsel throughout your journey, not just when contracts are signed or court orders are filed. Surrogacy is a deeply human experience, and when emotions run high, it helps to have a legal partner who listens, responds with empathy to your concerns, and guides you through complications with clarity.

When challenges arise in this process, it’s not just about having a contract – it’s about having someone who will stand with you, think strategically, and protect your path forward.

Surrogacy is so much more than a legal agreement. It’s a profound step towards building your family, and it deserves thoughtful, informed legal support at every stage. The choices you make now can significantly affect your peace of mind, your rights, and your future.

Working with a law firm that understands the intricacies of surrogacy in California can give you the reassurance you need to focus on what truly matters – your growing family. At Moradi Neufer, our experienced attorneys are here to stand by you with clear guidance, strong advocacy, and unwavering commitment throughout the process. Contact us now.