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Title
Rules and Forms | Family Law: Rules and Forms to Determine Parental Relationship Based on Gestational Carrier Agreement (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends a new form series for parties (intended parents) who conceive a child with a gestational carrier (also known as a surrogate) under the terms of a gestational carrier agreement (also called “an assisted reproduction agreement for gestational carriers”) and then seek a judgment in family court determining a parental relationship under Family Code sections 7960-7962. The committee also recommends that the council adopt a new rule of court, amend several rules, repeal one rule, and revise three family law forms to add content for gestational surrogacy cases. The proposal originates from judicial officers and attorneys who shared their ideas for uniform rules and forms, specific to gestational surrogacy cases, that would benefit family court judges, court clerks, the parties, and their attorneys.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective July 1, 2026:
1. Adopt California Rules of Court, rule 5.78, Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement;
2. Amend rules 5.2, 5.7, 5.16, 5.50, 5.52, and 5.96 to include new terms, references to forms in a new gestational surrogacy (SUR) series, and procedures specific to parentage cases based on a gestational carrier agreement;
3. Repeal rule 5.51, Confidential cover sheet for parentage actions or proceedings involving assisted reproduction; other requirements, the substance of which is being moved into rule 5.78;
4. Adopt six mandatory forms:
• Petition to Determine Parental Relationship (form SUR-100), for alternative mandatory use;
• Joint Petition to Determine Parental Relationship (form SUR-100(J)), for alternative mandatory use;
• Summons--Gestational Carrier Agreement (form SUR-110);
• Response to Petition to Determine Parental Relationship
(form SUR-120);
• Request to Enter Default (form SUR-165); and
• Declaration for Default or Uncontested Judgment (form SUR-230).
5. Approve five optional forms:
• How to Ask for a Judgment--Gestational Carrier Agreement
(form SUR-050-INFO);
• Notice of Lodging (form SUR-113);
• Proof of Service of Summons (form SUR-115);
• Notice and Acknowledgment of Receipt (form SUR-117); and
• Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act (form SUR-230(A)).
6. Revise three forms to include parentage cases involving a gestational carrier agreement:
• Notice of Entry of Judgment (form FL-190);
• Confidential Cover Sheet--Parentage Action Involving Assisted Reproduction (form FL-211); and
• Judgment (form FL-250).
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