Surrogacy

Comprehensive Legal Guidance for IVF, Sperm or Egg Donation and/or Surrogacy in California: Supporting Every Step Toward Parenthood

In Vitro Fertilization (IVF) and Surrogacy provides a pathway to parenthood for numerous individuals and couples that may not have been achievable through conventional methods. Intended parents frequently look to surrogacy, sperm donation or IVF with hope and anticipation, regardless of their medical, genetic, or personal circumstances. California is fortunately regarded as one of the most supportive states for surrogacy, boasting a clear legal framework that safeguards the rights of both surrogates and intended parents.

However, it takes more than a supportive legal system to navigate the surrogacy process—it requires expert legal guidance. Clients throughout California rely on Moradi Neufer to assist them in navigating every legal component of their IVF, sperm or egg donation and/or surrogacy experience, providing clarity, care, and steadfast support.

Understanding Surrogacy Law in California

California law allows and supports both generous and compensated forms of gestational surrogacy. In the case of gestational surrogacy, the surrogate is not genetically related to the child; rather, embryos are formed via IVF using the genetic material of the intended parents or donors.

Key legal protections in California include:

• Surrogacy agreements that are properly drafted and signed before medical procedures begin can be enforced
  
• The capability for prospective parents to secure pre-birth parentage orders, enabling their names to appear on the child’s birth certificate from the outset
  
• Equal consideration of surrogacy arrangements for individuals, married couples, unmarried couples, and LGBTQ+ families
  

Even with this advantageous environment, every action—from creating contracts to confirming legal parentage—needs to be executed accurately to avoid setbacks or legal disputes.

How Surrogacy Lawyers Support the Process

In California, surrogacy lawyers offer crucial legal assistance to intended parents as well as surrogates. Moradi Neufer provides comprehensive legal services, including:

1. Drafting and Reviewing Surrogacy Agreements

Before embryos are created or transferred, California law mandates a written agreement that is signed by both parties. Our lawyers draft these contracts based on the California Family Code, detailing terms like:

• Medical and psychological screening requirements
  
• Compensation and reimbursements for the surrogate
  
• Responsibilities during pregnancy
  
• Plans for delivery and post-birth contact
  
• Provisions for unexpected events (e.g., medical complications)
  

Each party must be represented by independent legal counsel, ensuring the agreement is informed, fair, and legally enforceable.

2. Establishing Parentage

A vital part we play is assisting prospective parents in establishing legal parentage via pre-birth orders. The court orders clarify the legal parents of the child and permit their names to be added to the birth certificate immediately after birth. This procedure is managed with discretion and efficiency, receiving court approval before delivery.

3. Managing Consent and Compliance

No matter if you’re collaborating with a fertility clinic, agency, or egg/sperm donor, adhering to the law is essential. We guarantee that all participants have provided informed consent and that all necessary notices and disclosures are appropriately managed. This serves as a safeguard against potential legal issues regarding parental rights down the line.

4. Supporting LGBTQ+ Families

California law embraces and supports LGBTQ+ individuals and couples, acknowledging their parental rights in surrogacy arrangements. Our lawyers offer customized legal strategies for single intended parents and same-sex couples, ensuring equal legal protection at all stages.

Legal Steps in a Typical Surrogacy Journey

Although each surrogacy case is unique, the legal process generally follows these key phases:

1. Match & Medical Clearance
   After the intended parents and surrogate are matched, each party undergoes medical and psychological evaluations.
   
2. Legal Contracting
   Each side retains independent counsel. The agreement is drafted, reviewed, negotiated, and signed—required before embryo transfer. We recommend that each spouse have independent counsel particularly if their genetic material is being used to create the embryos.
   
3. Embryo Transfer & Pregnancy
   Medical procedures proceed under the terms of the contract, and the surrogate begins care under the agreed plan.
   
4. Parentage Order Filing
   Around the second trimester, our team petitions the court for a pre-birth order to establish the intended parents’ legal rights.
   
5. Birth & Finalization
   Upon the child’s birth, the pre-birth order ensures a seamless transition, with the intended parents assuming legal custody and responsibility.
   

Why Legal Experience Matters

The law surrounding surrogacy overlaps with healthcare regulations, contract law, family law, and international law (particularly in cross-border cases). Errors, like agreements that are poorly drafted or deadlines that are missed, can throw the whole process into disarray. While clinics may have forms, these forms are not intended to handle any potential issues that may arise in the process of creating your family.

By working with an experienced fertility and surrogacy attorney:

• Intended parents can focus on preparing for their child’s arrival
  
• Surrogates can proceed knowing their rights, responsibilities, and compensation are protected
  
• All parties have peace of mind that legal parentage is secure
• All parties understand the various outcomes and can discuss how to handle issues that may come up in the future.

Building Families Shouldn’t Be Complicated – Contact Us to Get Started!

Supporting All Types of Families

Surrogacy, family planning and IVF are all a deeply personal journey, and no two paths are the same. At Moradi Neufer, we work with:

• Heterosexual and same-sex couples
  
• Single parents
  
• International clients seeking California-based surrogacy arrangements
  
• Surrogates seeking clear, respectful, and lawful agreements

We tailor our legal support to your specific needs and guide you with integrity from start to finish. Each agreement which is tailored to meet the needs of each prospective parent.

Continuing Support After Birth

Our services don’t end at the hospital. We also assist with:

• Amending birth certificates
  
• Resolving post-birth legal questions
  
• Coordinating with agencies or embassies (for international cases)
  

Begin Your IVF, Family Planning or Surrogacy Journey with Confidence

It is courageous, hopeful, and emotional to choose IVF or surrogacy as a means of building your family. We offer legal advice and the memorialization of agreements based on compassion, respect, and experience at Moradi Neufer. No matter if you are beginning to look into the creation of embryos, sperm or egg donation, surrogacy or getting ready for a pre-birth order, we are here to assist you at every stage.

Contact us today to schedule a confidential consultation and take the next step toward building your family.

Common Questions About Surrogacy in California

How long does the surrogacy process take?
The timeline varies, but a typical surrogacy journey can take 12–18 months from matching through birth.

Do both intended parents need to be genetically related to the child?
No. Parentage can be established regardless of genetic ties, especially in cases involving donors.

Can same-sex couples pursue surrogacy in California?
Yes. California law fully supports surrogacy arrangements for LGBTQ+ couples and individuals.

Is compensation for surrogates legal in California?
Yes. Compensated surrogacy is legal and common in California, with terms defined in the surrogacy agreement.