Being a surrogate in California is an incredible way to help couples and individuals start their own family. Surrogacy for LGBTQ couples is handled differently in California than it is in any other state. You may already be somewhat familiar with the state’s progressive and inclusive laws in general, but when it comes to protecting everyone’s right to be a parent, it is the best state to be in by far. California is a strong leader in progressing LGBTQ rights and in eliminating discrimination against the community. As one of the states that allows same-sex marriages, California continues to show its support and love for LGBTQ individuals and couples. As a LGBTQ-friendly medical center, we would like to go over what makes surrogacy for the LGBTQ community in California different from other states and some of the legislation that has been passed.
California Supports the LGBTQ Community
Building a family can be a challenging process with a roller coaster of emotions. However, California has led the way in LGBTQ discussions for quite a while. Recently, the state approved the first set of textbooks highlighting LGBTQ contributions throughout history. Not only were the textbooks approved, but it was also mandated that LGBTQ history be part of the state curriculum. No other states have similar laws, and often other more conservative states prohibit LGBTQ discussions.
In addition, California is known in the LGBTQ community for being home to the nation’s first gay group, founded in 1950 and the first lesbian group founded in 1955. Also, Jose Sarria was the first openly-gay political candidate from California. In 1965, California was dubbed the “Gay Capital of the U.S.”
LGBTQ and Surrogacy are Protected in California
Each state has their own set of laws regarding surrogacy. Some states do not allow it at all, while others simply do not allow Intended Parents to be listed on the birth certificate. In some cases, Intended Parents are forced to adopt their own children. For members of the LGBTQ community, this means that those who cannot carry children or cannot create a child with their partner may not be able to have children at all.
However, in California, individuals or couples can use a surrogate to become parents regardless of their marital status, sexual orientation, or gender identity. The Uniform Parentage laws also allows Intended Parents to establish parental rights before the baby is even born.
California also claims jurisdiction over every surrogacy case that occurs within the state. This includes when the contract is signed in California or when the Intended Parents or surrogate live in the state. This means that the Intended Parents are protected even if they come to the state for the sole purpose of surrogacy. California is the only state that has this law in place.
The progressive laws California has passed protects the rights of every parent, as well as the children born. These laws protect parents, whether they are a part of the LGBTQ community or not. Intended parents and well-qualified surrogates, who share similar values and attitudes are matched up. We also ensure every legal detail and medical need is covered.