Surrogacy Law — What You Need to Know
Surrogacy law varies dramatically by state. California — where Alpha Fidelis operates — offers the strongest legal protections in the country. Start here to understand what that means for your journey.
State Law Governs
Everything
There is no federal surrogacy law in the United States. Every right you have as an intended parent — your name on the birth certificate, the enforceability of your surrogacy contract, your ability to obtain a pre-birth order — is determined by the state where your surrogate lives and delivers.
In California, a pre-birth order is routinely issued for all family types before the baby is born, and your surrogacy agreement is fully enforceable by statute. In Louisiana, the same arrangement would likely be void and unenforceable outside a narrow set of circumstances.
Understanding the legal landscape isn't optional — it's the foundation of a safe surrogacy journey. These guides are designed to help you ask the right questions and make informed decisions.
Surrogacy Laws by State
Interactive map and detailed breakdown of surrogacy law in all 50 states — from fully protected to restrictive or unenforceable. Click any state for its specific legal standing.
Read the guide →California Surrogacy Law
A deep-dive into AB 1217 (2013), the pre-birth order process, and why California is the gold standard for surrogacy law in the United States.
Read the guide →Pre-Birth Orders Explained
What a pre-birth order is, why it matters for your parental rights, and how the California court process works timeline-wise.
Read the guide →Gestational Surrogacy Agreements
What goes into a surrogacy contract, why independent legal representation is required, and the typical timeline and cost.
Read the guide →International Families
Surrogacy in California for non-U.S. intended parents — legal requirements, pre-birth orders, citizenship, consulate steps, and country-specific considerations.
Read the guide →Surrogacy Escrow Explained
How escrow protects both intended parents and surrogates — who holds the funds, what triggers disbursements, how much to fund, and what happens at each stage.
Read the guide →Second-Parent Adoption
When co-parent adoption is needed — and when a pre-birth order makes it unnecessary. California process, timeline, costs, and comparison with the PBO.
Read the guide →Disclaimer: Content on this page is for informational purposes only and does not constitute legal advice. Surrogacy laws change frequently. Always consult a licensed reproductive attorney for guidance specific to your situation and jurisdiction.
Questions About Surrogacy Law in California?Questions About Surrogacy Law in California?
Our team can walk you through how California law protects you as an intended parent — and connect you with experienced reproductive attorneys we work with regularly.
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