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ADVANTAGE OF SURROGACY IN CALIFORNIA


In the U.S., there is no federal law or regulation which dictates the legality of surrogacy and surrogacy agreements. Surrogacy is governed at the state level, and Surrogacy laws and regulatory framework vary widely between state jurisdictions.

Future Family Starter California Advantage

State legal environments range from criminal penalty to full protection of those parties engaged in surrogacy agreements. In some states, laws fluctuate depending upon whether a surrogacy arrangement is gestational or traditional, or if the prospective parents are part of the LGBT community. Even if hopeful parents are able to receive a healthy child through a private, informal surrogacy agreement, many states will not issue a birth certificate granting legal custody which identifies both of the intended parents, particularly in cases in which members of the LGBT community seek legal parenthood. To complicate further, a state’s statute and its relevant case law often seem to oppose one another in matters regarding surrogacy, meaning that what is written has been bent, stretched, or outright contradicted in actual practice.

The result is a patchwork, state-by-state legal atmosphere which is complicated, unclear, and, to some extent, unpredictable.

In welcomed contrast, California has served as one of the most stable and favorable states in which to execute and complete a surrogacy agreement. The state has a strong base of case law which upholds surrogacy agreements and grants legal custody to intended parents, including lesbian, gay, bisexual, or transgender parents.

With Future Family Starter’s expertise in California Family Law and a predictable state legal environment which is hospitable to a diversity of sexual orientations, we encourage prospective parents to conduct their surrogacy arrangements in California and offer our services to assist.