California Governor Signs Bill Amending Gestational Surrogacy Law


On September 16, 2016, California's governor signed AB 2349 into law, which makes some important changes to California's law governing gestational carrier agreements. According to the Legislative Counsel's Digest, AB 2349 changes existing California law in the following ways:

  • It extends the jurisdiction of the courts 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, including if the child is born in this state, or one or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed.

  • It requires an assisted reproduction agreement for gestational carriers to contain information regarding the persons from whom the gametes originated, unless donated gametes were used, in which case the agreement shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all.

  • It replaces the term “woman” with “person”.

California has long been considered one of the best jurisdictions in the United States for gestational surrogacy. While some jurisdictions in the United States, and many countries around the world, are enacting laws hostile to gestational surrogacy, California continues to clarify its legal framework for gestational surrogacy and reaffirm its position as one of the most surrogacy friendly jurisdictions in the world. Thanks for continuing to give everyone an opportunity to have a family, California!

IPC Surrogacy is proud to coordinate affordable surrogacy journeys in Mexico and United States. If you would like to discuss how gestational surrogacy can help you start or grow your family, please contact us at (630) 318-1230 or info@ipcsurrogacy.com.


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