Rule 5.78.Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 6. Specific Proceedings · Adopted 2026 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.78 governs parentage actions involving assisted reproduction and gestational carrier agreements — which forms start them, what must be lodged with the court, and what stays confidential.

Full Text of Rule 5.78

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Authority

This rule applies to actions or proceedings filed with the court involving an assisted reproduction agreement as defined by Family Code section 7606(b), in which the parties seek a court judgment determining a parental (or nonparental) relationship under Family Code section 7613 or 7630(f) or sections 7960–7962.

(b) Confidentiality

Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement are confidential under the Uniform Parentage Act.

For matters involving traditional surrogacy, as defined by Family Code section 7960(f)(1), or matters involving use of the assisted reproduction agreements found in Family Code section 7613.5 (including those involving the disposition of embryos), parties commence an action in family court to seek a judgment determining a parental (or nonparental) relationship by using the following forms:

(1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211);

(2) Summons (form FL-210);

(3) Petition to Determine Parental Relationship (form FL-200);

(4) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105), only if child custody or visitation (parenting time) or both are at issue in the case; or

(5) Any forms required for subsequent filings in actions under the Uniform Parentage Act.

(d) Actions involving a gestational carrier agreement

(1) Parties to a gestational carrier agreement must commence an action in family court to seek a judgment determining a parental (or nonparental) relationship to a child born or expected to be born by using either:

(A) Petition to Determine Parental Relationship (form SUR-100); or

(B) Joint Petition to Determine Parental Relationship (form SUR-100(J)).

(2) Petitioner may, with the consent of other parties, complete and file with the clerk of the court all the forms and documents required of all parties to initiate the case and request entry of judgment. Petitioner may, but is not required to, file all the forms and documents at one time.

(3) Consistent with Family Code section 7962:

(A) A true and correct copy of the notarized gestational carrier agreement must be lodged with the clerk of the court, with the declarations of the separate, independent attorneys attached. If applicable, a true and correct copy of the English translation of the gestational carrier agreement (certified under oath by a qualified interpreter) must also be lodged with the clerk of court

(B) Parties must file a declaration of the fertility physician with the clerk of the court to demonstrate compliance with section 7962(d).

(4) For cases in which respondent wants to file a response to Petition to Determine Parental Relationship (form SUR-100), the response must be provided on Response to Petition to Determine Parental Relationship (form SUR-120).

(e) Issuance of judgment

(1) In all assisted reproduction parentage proceedings, a judgment:

(A) Must be issued on Judgment (form FL-250); and

(B) Need not reference that the case involves a gestational carrier agreement, if applicable.

(2) The clerk of the court must mail Notice of Entry of Judgment (form FL-190) to the parties or their attorneys, if the parties are represented, as specified in the Clerk’s Certificate of Mailing.

(f) Confidentiality in actions to determine a parental (or nonparental)

relationship involving an assisted reproduction agreement

Other than the final judgment, the clerk of the court must maintain the following in a confidential court file subject only to access under Family Code section 7643.5:

(1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211) (not used in cases involving a gestational carrier agreement);

(2) Petition to Determine Parental Relationship (form SUR-100);

(3) Joint Petition to Determine Parental Relationship (form SUR-100(J)); and

(4) All subsequent papers filed in the case.

End

Plain-English Summary

The rule covers actions seeking a judgment determining a parental or nonparental relationship where an assisted reproduction agreement is involved. These proceedings are confidential under the Uniform Parentage Act, and the rule builds that confidentiality into the filing scheme rather than leaving it to be requested.

Traditional surrogacy matters and cases involving the statutory assisted reproduction agreements — including disputes over the disposition of embryos — are commenced with a confidential cover sheet, the parentage summons, the petition to determine parental relationship, and, only where custody or visitation is at issue, the UCCJEA declaration.

Gestational carrier agreements have their own track. The case starts on a petition or joint petition in the SUR series, and the petitioner may, with the other parties’ consent, file everything needed to open the case and request judgment — all at once or over time. Three things must reach the court: a notarized copy of the gestational carrier agreement with the independent attorneys’ declarations attached, and a certified English translation where one applies; the fertility physician’s declaration; and the parties’ own declarations.

Judgment issues on the standard family law judgment form and need not reveal that a gestational carrier agreement was involved. Apart from the final judgment, the clerk keeps the confidential cover sheet, the petitions, and all subsequent papers in a confidential file that only Family Code section 7643.5 opens.

Frequently Asked Questions

Are assisted reproduction parentage cases confidential in California?

Yes. They are confidential under the Uniform Parentage Act, and apart from the final judgment the clerk maintains the cover sheet, petitions, and all subsequent papers in a confidential file subject only to access under Family Code section 7643.5.

Which forms start a gestational carrier parentage case?

Petition to Determine Parental Relationship (form SUR-100) or Joint Petition to Determine Parental Relationship (form SUR-100(J)).

What has to be lodged with the court in a gestational carrier case?

A true and correct copy of the notarized gestational carrier agreement with the separate independent attorneys’ declarations attached — plus a certified English translation if applicable — along with the fertility physician’s declaration and the parties’ declarations under Family Code section 7962.

Does the judgment say that a surrogacy agreement was involved?

It need not. The judgment issues on form FL-250 and need not reference that the case involves a gestational carrier agreement.

Amendment History

Rule 5.78 adopted effective July 1, 2026.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: gestational carrier parentage Californiasurrogacy court judgment Californiaassisted reproduction parentage formsSUR-100 petition parental relationship