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Surrogacy Law in California
California permits gestational surrogacy by statute and has the most liberal laws on surrogacy in the United States.
2013 Legis. Bill Hist. CA A.B. 2344
This bill would establish a procedure for conducting a stepparent adoption involving a spouse or partner who gave birth to the child during the marriage or domestic partnership.
2015 Legis. Bill Hist. CA A.B. 960
This bill would make more uniform rules regarding recognition of parentage for children conceived using donated sperm or eggs for intended parents and for donors.
2015 Legis. Bill Hist. CA A.B. 1049
This bill would provide that a person's offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights.
2015 Legis. Bill Hist. CA A.B. 2349
This bill would extend the jurisdiction of the courts under the act to a proceeding to determine parentage of the child as to a child who is conceived pursuant to an assisted reproduction agreement for gestational carriers if certain conditions are satisfied.
, 5 Cal. 4th 84 (1993)
- A seminal case in California where the Supreme Court of California held that a surrogacy contract is not barred by public policy.
- The court also found the surrogate carrier agreed to provide the surrogacy service without any expectation that she would raise the child as her own.
, 25 Cal.App.4th 1218 (1994)
- This was a case of first impression for the California Court of Appeals to determine parental rights of a child born of a traditional surrogacy agreement after the intended parents had separated.
- The appellate court held that it would be inappropriate to consider the validity of the surrogacy agreement where the Act resolved the parentage issue as the surrogate was both the genetic and birth mother of the child.
- Even though the intended parents had no genetic link to the child born to a surrogate, the court found that because they intended to procreate a child, under the Uniform Parentage Act they were the lawful parents of the born child.
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