The History of Surrogacy in the United States — From Controversy to Legal Clarity

Surrogacy in the United States has a complex history — one that directly shapes the protections available to families and surrogates today.

The Baby M Case (1986)

The case that brought surrogacy into public consciousness. A traditional surrogacy arrangement in New Jersey that resulted in a custody battle when the surrogate decided she wanted to keep the baby. The court ultimately awarded custody to the intended father but granted visitation to the surrogate.

Johnson v. Calvert (1993)

The California Supreme Court case that established gestational surrogacy as legally distinct from traditional surrogacy. The court ruled that the intended mother — not the gestational carrier — was the legal mother, establishing the precedent that intent determines parentage.

California Family Code Section 7962

Enacted to codify gestational surrogacy agreements, requiring independent legal counsel, written agreements before medical procedures, and court recognition of intended parents' rights.

Modern Surrogacy Law

Today, California has the clearest, most consistently applied surrogacy law in the country — protecting surrogates, intended parents, and children equally.