Surrogacy in California for International Intended Parents
California's legal framework for surrogacy is available to families from any country. No U.S. residency or citizenship required — for you or your surrogate.
The World Comes to
California for a Reason
Most countries in the world either prohibit commercial surrogacy outright or impose restrictions that leave intended parents without enforceable legal protections. California — where Alpha Fidelis operates — offers the most legally secure surrogacy framework in the world.
California Family Code § 7962 (AB 1217, effective 2013) explicitly authorizes gestational surrogacy agreements for all intended parent configurations: married, unmarried, same-sex, single, and international. Pre-birth orders are routinely issued, and intended parents are named on the birth certificate from the moment their child is born — without adoption proceedings.
There is no U.S. residency requirement for intended parents. You do not need to be in California for most of the process. Alpha Fidelis coordinates every stage remotely when travel is not possible, and plans your visits strategically when it is.
The International
Surrogacy Process
The core surrogacy journey is the same for international and domestic families. What differs is the additional layer of home-country legal coordination you do in parallel.
Consult a Reproductive Attorney in California
Before any matching begins, meet with a California-licensed reproductive attorney who has international experience. They will assess your specific country's laws and identify any home-country legal steps you need to take in parallel.
Match with a California Surrogate
Once legal groundwork is clear, matching proceeds exactly as for domestic intended parents. We present surrogate profiles, facilitate your introduction call, and coordinate the medical and psychological clearances.
Execute the Gestational Surrogacy Agreement
You and your surrogate's attorneys draft and sign the Gestational Surrogacy Agreement under California law. You do not need to be physically present in California for this step — agreements can be signed remotely with notarization.
Obtain a California Pre-Birth Order
Your California attorney files for a pre-birth order from a California court. As intended parents, you do not need U.S. residency or citizenship. The order names you as the legal parent(s) before the baby is born.
Register the Birth & Obtain U.S. Documents
After delivery, the hospital issues a California birth certificate reflecting your names as parents. Because your baby is a U.S. citizen by birth, your attorney helps obtain a U.S. passport, and you separately contact your home country's consulate regarding your child's status there.
Complete Home-Country Legal Steps
With the California birth certificate, pre-birth order, and any U.S. travel documents in hand, you complete the legal recognition process in your home country. This varies significantly by country and should be confirmed in advance with local counsel.
Considerations by
Region of Origin
The California-side process is the same for all international families. What varies is the home-country legal step after your baby is born. Here is a high-level overview by region — your reproductive attorney will advise on your specific country.
East Asia
China, Japan, South Korea, Taiwan
Home Country Context
Commercial surrogacy is prohibited in all major East Asian countries. Many families pursue U.S. surrogacy specifically because no legal path exists domestically. California is the most common destination.
Citizenship & Travel
Under the 14th Amendment, a child born on U.S. soil is a U.S. citizen at birth regardless of the parents' nationality. Families then work with their home country's consulate on their child's home-country status, a U.S. passport, and immigration requirements to travel home.
Europe
France, Germany, Italy, Spain, UK, Nordic countries
Home Country Context
Most Western European countries prohibit or heavily restrict surrogacy. UK allows altruistic surrogacy but the surrogate is initially the legal mother. Many European families travel to California for legal certainty.
Citizenship & Travel
European countries vary widely in recognition of U.S. birth certificates. Some require a court proceeding in the home country. Your reproductive attorney and embassy can advise on your specific country's process.
Middle East
Israel, UAE, Saudi Arabia, Turkey
Home Country Context
Israel allows regulated surrogacy domestically but with significant restrictions. Most other Middle Eastern countries prohibit commercial surrogacy. California provides legal clarity many families cannot find at home.
Citizenship & Travel
Israel has a specific recognition pathway for Israeli citizens who complete surrogacy abroad. For other countries, families typically obtain a U.S. passport first, then work with immigration authorities in their home country.
Australia & New Zealand
Australia, New Zealand
Home Country Context
Commercial surrogacy is illegal for Australian and New Zealand citizens even abroad under federal law. Families must work with a reproductive law specialist in their home country before beginning a California journey.
Citizenship & Travel
Australia and New Zealand both have pathways for recognizing parentage orders from foreign jurisdictions. U.S. birth certificate and California pre-birth order are typically submitted as part of this process.
Latin America & Canada
Mexico, Brazil, Argentina, Canada
Home Country Context
Canada allows altruistic surrogacy. Latin American laws vary by country. Many Canadian and Latin American families work with California agencies for legal stability and access to a large surrogate pool.
Citizenship & Travel
Canada treats the parentage determination from the California pre-birth order favorably. Latin American families typically work through their local embassy with the U.S. birth certificate.
Note: Country-specific laws change frequently. The above is a general overview only and does not constitute legal advice. Always consult a licensed reproductive attorney in both California and your home country before beginning your journey.
What We Handle
for International Families
We specialize in the California side of the journey: surrogate matching, coordination, legal referrals, and escrow management. We also work closely with international reproductive law networks to help you identify counsel in your home country.
- Surrogate matching with international communication preferences considered
- Remote coordination — most steps can be completed without travel
- Legal referrals to California reproductive attorneys with international experience
- Coordination with your IVF clinic — locally or internationally
- Escrow administration and transparent fund management
- Pre-birth order filing and court coordination via your California attorney
- Birth documentation — hospital, California birth certificate, pre-birth order
- Consulate preparation support and document packages
- Referrals to international reproductive law specialists in your home country
- Translation coordination for legal documents when required
International Surrogacy FAQ
Do we need to come to California to do surrogacy?
You do not need to live in California or even visit for most of the process. The surrogate screening, legal agreement signing, and medical procedures can all be coordinated remotely. Most international intended parents do travel for the embryo transfer (optional but recommended) and for the birth. We help coordinate your visits.
Do international intended parents qualify for a California pre-birth order?
Yes. California Family Code § 7962 does not require intended parents to be U.S. residents or citizens. As long as your surrogate resides in California and delivers in California, you are eligible for a California pre-birth order regardless of your nationality.
Will my home country recognize the California birth certificate?
Most countries accept the California birth certificate as documentary evidence of the birth, but not all automatically recognize the parental relationship it asserts. Many European and some Asian countries require a court process or administrative step in the home country. This is why consulting home-country legal counsel before you start is essential.
Is my baby automatically a U.S. citizen?
Yes. Under the 14th Amendment to the U.S. Constitution, any child born on U.S. soil is a U.S. citizen at birth, regardless of the parents' nationality or immigration status. This is separate from whether your home country will also recognize your child as a citizen there — many countries do, through the parents, but you should confirm your home country's specific rule with local counsel.
What happens at the consulate if neither parent is a U.S. citizen?
Even though your baby is a U.S. citizen at birth, most families still work with their home country's nearest consulate or embassy — either to register the child's home-country citizenship (if the home country recognizes citizenship through its citizen-parents) or to arrange travel documents. The California birth certificate and pre-birth order are the primary documents you present. Your reproductive attorney will prepare a package; the consulate process varies by country from a few days to a few weeks.
How long does the entire international surrogacy journey take?
A typical timeline — from initial consultation to returning home with your baby — is 18–24 months. Matching usually takes 1–3 months, IVF and transfer 2–3 months, the pre-birth order process 3–4 months before delivery, and home-country legal steps 1–6 weeks after birth. We plan your journey with these milestones in mind.
What language support is available?
We have experience coordinating with international families from across Asia, Europe, the Middle East, and Latin America. We work with interpreters and international legal referral networks. Contact us to discuss your specific language needs — we will let you know what support we can provide directly and what we can coordinate.
Can we use a sperm or egg donor alongside surrogacy?
Yes. Many international intended parents use an egg or sperm donor in combination with a gestational surrogate — this is the most common path for gay male couples and single men. We coordinate egg donation and surrogacy together, and the legal framework under California law covers the full arrangement.
International Families — Agency Page
How Alpha Fidelis coordinates the full journey for non-U.S. intended parents — from matching to return home.
Read the guide →California Surrogacy Law
The statute that governs your journey and why it matters.
Read the guide →Pre-Birth Orders
How California establishes your parental rights before delivery.
Read the guide →Surrogacy Agreements
What your legal contract covers and how it protects everyone.
Read the guide →Ready to Start Your International Journey?Your Journey?
Our team has extensive experience guiding families from across the world through California surrogacy. Book a free consultation — we will walk through your specific country's considerations and what the process looks like for you.
Confidential consultations available · +1 (888) 360-9887