In California, the law is highly favorable toward gestational surrogacy. The 2013 statute California Family Law Sections 7960 – 7962 upholds this. Prior cases Calvert v. Johnson (1993) and Buzzanca v. Buzzanca (1998) provided precedent that intent would guide the determination of parentage.
Similarly, traditional (genetic) surrogacy in California is permitted; while not covered under the same statute as gestational surrogacy, no existing statute or case law prohibits it. An intended parent can file a parentage order, either pre-birth or post-birth, but the decision to grant it would be at the discretion of the court.
