The Cove state guide
Statutory frameworkCalifornia provides a statutory path for gestational surrogacy agreements and orders establishing intended parents' rights. Separate attorneys, a properly signed agreement and the timing of treatment are central requirements.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
California expressly defines an intended parent as an individual, married or unmarried. A single intended mother or father can use the gestational-agreement and parentage process, including donor gametes. Complete independent legal advice and the signed agreement before embryo transfer or injectable transfer-preparation medication begins.
Sources 31California's intended-parent definition includes unmarried individuals, and its gestational process can establish both partners as parents. Name every intended parent in the agreement and court papers. Using a donor does not mean the non-genetic partner must rely only on their relationship with the genetic parent.
Sources 31Two intended fathers can be named through California's gestational parentage process. The agreement identifies the intended parents and the source of the eggs and sperm; donor eggs or a donated embryo do not create a marriage requirement. Separate counsel and the court filing remain essential.
Sources 312Two intended mothers using a separate gestational carrier can establish parentage through the California agreement and court process. One mother may provide the egg, or donated gametes may be used; the documents must identify both intended parents. A carrier arrangement differs from one partner carrying through reciprocal IVF.
Sources 31California allows several filing connections, including an anticipated California birth, a resident carrier, signing the agreement in California or relevant medical procedures there. The parents need not personally live in California to use every route. Their lawyers must separately address citizenship, travel documents and recognition of the judgment abroad.
Sources 124How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Marriage is not required: Family Code § 7960 expressly includes married and unmarried intended parents. When there are two intended parents, the agreement and parentage petition should identify both. A relationship label or wedding certificate is not a substitute for the surrogacy documents.
California's agreement requirements expressly contemplate donated gametes, including anonymous donors. The carrier must not supply the egg in this gestational route. Record the gamete sources and intended parents accurately so the order can establish parentage without relying only on genetic testing.
Section 7962 lists several filing venues: anticipated birth, a parent's or carrier's residence, execution of the agreement, or relevant medical procedures in California. These alternatives can support nonresident arrangements, but counsel must confirm the facts establishing a proper California proceeding.
Family Code § 7962 requires independent legal representation and notarized or equivalently witnessed signatures. The agreement must be completed before embryo transfer or injectable medication in preparation for transfer begins.
A parentage action may begin before birth. California's current court rule requires the applicable assisted-reproduction papers and supporting declarations. The order addresses both intended parentage and the absence of parental rights for the carrier and any spouse or partner covered by the proceeding.
Set payment, insurance and expense terms out in the agreement with counsel. Section 7962 specifically requires disclosure of how the carrier's and newborn's medical expenses will be covered.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
