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, (888) 259-6000

Important Note and Disclaimer: Reproduction Law is continually developing and changing. There is no guarantee that the information on this website is current or correct, therefore. In putting together this 50-state summary, Creative Family Connections LLC has relied on information received from the attorneys listed for each state; Creative Family Connections does not guarantee its accuracy. In any individual case, therefore, you should always confer with an attorney who specializes in this area of law and is licensed to practice in the particular state at issue. As noted below, the information provided on this website is NOT intended to substitute for an attorney's legal counsel in an individual situation.