Gestational surrogacy: Permitted by a statute enacted in 2012: California Family Code Section 7962, with additional long-standing supporting case law: Johnson v. Calvert, 5 Cal. 4th 84 (1993); Buzzanca v. Buzzanca, 72 Cal. Rptr. 280 (1998).
Is pre-birth order possible if doing GS? Yes.
Who can get a PBO?
- Married couple using own egg and sperm: Yes.
- Married couple using donor: Yes.
- Unmarried couple: Yes.
- Single parent: Yes.
- Same-sex couple: Yes
PBO is stayed until the moment of birth by California Family Code Section 7693
Is hearing required? Varies by county. Most counties do not require a hearing (only one county requires that all parties be present).
Traditional surrogacy: Permitted because no law prohibits; a parentage order can be attempted (pre or post-birth), but would be at the discretion of the court.
Do results vary much by county? No.
State contact: Michelle Keeyes, firstname.lastname@example.org (888) 259-6000