Are any adoption procedures required when a surrogate, egg donor, sperm donor and/or embryo donor is involved?
Adoptions are not performed when only an egg donor and/or sperm donor is involved in the assisted reproduction arrangement. In terms of embryos, although a form of “embryo adoptions” may be performed, there are no laws or court cases in California requiring any adoption procedure, and the embryo donation may be done by contract only. In terms of surrogacy, while an adoption may certainly be performed, in lieu of an adoption, most county superior courts in California permit a procedure whereby parentage is established by a judgment entered by the court. Once a certified copy of the judgment of parentage is obtained and provided to the California Office of Vital Records, that office will prepare the birth certificate with the intended parent(s) indicated as the sole parent(s) of the child. Nevertheless, it is important to work with a qualified attorney who will explain the available procedures and legal risks, and the timing of those procedures.
