Index: All Pages

How to ask the court to decide who the child’s parents are in a parentage case (for gestational carrier agreement cases only)

If you signed a gestational carrier agreement (also called a gestational surrogacy agreement), you will still need to ask the court to make a final decision—called a judgment—about who the child’s legal parents are.


This kind of case is called a parentage case.


The people involved in the gestational carrier agreement are:

  • The intended parent or parents
  • The person who agrees to carry and give birth to the baby (called the surrogate or gestational carrier)
  • The surrogate’s spouse or partner (if they have one)

This guide explains the steps to take based on your situation.

 

Jump to section

↗️ All links on this page open in a new tab.

What is assisted reproduction?

Assisted reproduction refers to many kinds of medical procedures that help a person get pregnant when they are unable to get pregnant naturally. It can involve the use of donated sperm, eggs, or embryos. It may also involve the help of a doctor who creates an embryo in a lab and transfers it to the womb of the intended parent or a surrogate. This process is called in vitro fertilization.

What is a gestational carrier agreement?

A gestational carrier agreement is a legal paper signed before the surrogate has an embryo placed in their body (womb or uterus) by a medical specialist.


📌 The agreement must say all of the following:

  • When it was signed
  • Who gave the sperm, egg, or embryo (unless it was donated)
  • Who the intended parents are
  • How the intended parents will pay for medical costs for the surrogate and baby

What’s the difference between a gestational carrier and a traditional surrogate?

A gestational carrier  (or surrogate) is someone who doesn't use their own eggs to get pregnant. The pregnancy happens through assisted reproduction, using an egg and sperm from other people. This means the carrier is not genetically related to the child.

A traditional surrogate is someone who uses their own eggs to get pregnant. This means they are genetically related to the child.

How to start a parentage case

First pick which form best fits your situation:

Everyone in the case must agree about: who the child's legal parents are, that the gestational carrier agreement is legally correct, and that they will sign the same petition.

For this situation:

If not all the people in the case agree about who the child's legal parents are, or if they don't agree that the gestational carrier agreement is legally correct:

Ways to get a court decision

Now it’s time to ask the court to decide who the child’s legal parents are. The steps you take next depend on which form you used to start the case.

Fill out and give the court clerk:

  • Judgment (form FL-250) ↗️
  • Notice of Entry of Judgment (form FL-190) ↗️
  • Two stamped envelopes (so the court can mail papers to the intended parents and the gestational carrier)
  • You may need more than 2 envelopes

    You must give enough envelopes so the court can mail the Judgment (form FL-250) and the Notice of Entry of Judgment (form FL-190) to everyone who needs them.

    For example, each intended parent may have their own attorney. Or the surrogate and their spouse or domestic partner may each have their own attorney.

    Here's how to figure out how many envelopes you need to give the court:

    You need 1 stamped envelope for the court to mail the documents to the intended parents — unless each parent has a different attorney.

    You need another stamped envelope for the court to mail the documents to the gestational carrier — and, if needed, the gestational carrier's spouse or domestic partner — unless they each have different attorneys.

    If people have separate attorneys, you’ll need one envelope for each attorney.

  • A copy of the gestational carrier agreement and all required declarations (you can use form SUR-113 ↗️ as a cover page)
    • 📌 Make sure to give the court an accurate copy of the gestational carrier agreement in English.
    • If the original agreement is not in English, you must include a certified translation to English.
    • Declaration from the intended parents’ lawyer
    • Declaration from the gestational carrier’s lawyer (and for their spouse, if any)
  • All other required declarations
    • Declaration from each intended parent (together or separately)
    • Declaration from the gestational carrier
    • Declaration from the gestational carrier’s spouse or partner (if they have one)
    • Declaration from the fertility doctor

After you served your forms to the other people in the case, they have 30 days to respond by filing and serving form SUR-220. What you do next depends on if they responded and if you all agree about who the child’s legal parents are. 

⬇️ Continue reading below to find the option that fits your case.

Options if you used Petition (form SUR-100) and Summons (form SUR-110)

Pick the option that fits your case.

Fill out and give these forms to the court clerk:

  • Proof that you served the papers (form SUR-115 ↗️ or other proof)
  • Request to Enter Default (form SUR-165) ↗️
  • Declaration for Default or Uncontested Judgment (form SUR-230) ↗️
  • Judgment (form FL-250) ↗️
  • Notice of Entry of Judgment (form FL-190) ↗️
  • A copy of the gestational carrier agreement and the required declarations (you can use form SUR-113 ↗️ as a cover page)
    • 📌 Make sure to give the court an accurate copy of the gestational carrier agreement in English.
    • If the original agreement is not in English, you must include a certified translation to English.
    • Declaration from the intended parents’ lawyer
    • Declaration from the gestational carrier’s lawyer (and for their spouse, if any)
  • All other required declarations
    • Declaration from each intended parent (together or separately)
    • Declaration from the gestational carrier
    • Declaration from the gestational carrier’s spouse or partner (if they have one)
    • Declaration from the fertility doctor

Fill out and give these papers to the court clerk:

Fill out and give these papers to the court clerk:

  • Proof of service (form SUR-115) ↗️
  • Signed gestational carrier agreement
  • Declaration for Default or Uncontested Judgment (form SUR-230) ↗️
  • Judgment (form FL-250) ↗️
  • Notice of Entry of Judgment (form FL-190) ↗️
  • If someone is in the military: form SUR-230(A) ↗️
  • A copy of the gestational carrier agreement and the required declarations (you can use form SUR-113 ↗️ as a cover page)
    • 📌 Make sure to give the court an accurate copy of the gestational carrier agreement in English.
    • If the original agreement is not in English, you must include a certified translation to English.
    • Declaration from the intended parents’ lawyer
    • Declaration from the gestational carrier’s lawyer (and for their spouse, if any)
  • All other required declarations
    • Declaration from each intended parent (together or separately)
    • Declaration from the gestational carrier
    • Declaration from the gestational carrier’s spouse or partner (if they have one)
    • Declaration from the fertility doctor

  • Ask the court to schedule a trial (check with your local court for how to do this).
  • Ask for genetic testing (form FL-300) ↗️, if it applies.
  • Go to trial and explain your case.
  • Fill out and turn in :

Do I have to go to court?

Usually not. Most people don’t go to court for this type of case. But the judge might ask for a court hearing to ask questions. You can also ask for a hearing if there’s something you don’t agree on.

To learn more, read form FL-300-INFO ↗️.

Where to get help

Key takeaways

  • You can ask the court for a judgment to confirm who the child’s legal parents are under a gestational carrier agreement.

  • A gestational carrier means the same as a surrogate, but is different from a traditional surrogate.

  • What forms you file depends on your situation.

  • Most cases don’t require a court hearing.

  • You can get help from a fertility or surrogacy lawyer. Free help may be available through the court or legal aid.

success alert banner:

Have a question about Parentage?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.