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How to Become a Surrogate in California: The Complete Guide

How to become a surrogate in California: common eligibility ranges, screening, Family Code § 7962 contracts, pre-birth orders and how pay is structured.

Published October 18, 2026 Updated October 18, 2026 US AI-assisted, human reviewed
United States-only: Surrogacy requirements, compensation and law vary by state, clinic and program. This page is general information, not medical or legal advice, and not an offer of compensation.

Becoming a gestational surrogate in California involves several stages. First, you apply to a program and check whether you fall within the age, health and pregnancy-history ranges that agencies and clinics commonly use. Next come medical and psychological screening, then a match with intended parents. Before any embryo transfer, you sign a gestational surrogacy agreement under California Family Code § 7962, with your own independent attorney. Then you go through transfer and pregnancy. Common starting criteria are an age of roughly 21 to 40, at least one prior healthy pregnancy and a child you are raising, but programs differ. A physician reviewing your records decides on medical clearance. From application to delivery, the process commonly takes 12 to 18 months, and it can take longer.

You may be reading this before you have told anyone. You may not have told your partner, your mother or your closest friend. That is a reasonable way to start. Surrogacy takes a year or more of your life, puts real physical demands on your body, and involves a legal contract, a court order and a relationship with people you have not met yet. It deserves private, practical research before it becomes a family conversation.

Surrogate Compass is an independent educational and matching platform written for the woman who might carry, not for the people hoping to find a carrier. We explain eligibility, compensation, the process and how to compare programs from your side of the arrangement. We can connect you with agencies. We do not screen, match, contract with or pay surrogates. Agencies, clinics and attorneys do that. This guide focuses on California, which is the state where we go deepest, because its law shapes nearly every step that follows.

In this guide

  • Why California Is a Distinct Place to Be a Surrogate
  • The Core Eligibility Requirements for California Surrogates
  • Gestational vs. Traditional Surrogacy: What California Law Recognizes
  • The Surrogacy Process in California, Step by Step
  • The Gestational Surrogacy Agreement: What the Contract Covers
  • Surrogate Compensation in California: How It Is Structured
  • Medical Screening and the IVF Process: What to Expect Physically
  • Psychological Screening and Emotional Preparation
  • Choosing a Surrogacy Agency in California: What to Look For
  • California's Pre-Birth Order: How Parental Rights Are Established
  • Insurance and Financial Protections for California Surrogates
  • What Happens After Delivery: The Post-Birth Transition
  • Common Questions and Misconceptions About Becoming a Surrogate in California
  • The Decisions in Front of You
  • Frequently Asked Questions

Why California Is a Distinct Place to Be a Surrogate

The state you live in shapes your surrogacy more than most first-time readers expect. Surrogacy is governed mostly by state law, not federal law. State law varies widely, and some states are openly hostile to compensated gestational surrogacy.

California has a written statutory framework. California Family Code §§ 7960 to 7962 are part of the state's parentage law. They address surrogacy facilitators, how client funds are handled, and the requirements for an assisted reproduction agreement for gestational carriers. Section 7962 is the core provision for you. Under it:

  • The agreement must be in writing.
  • You and the intended parents must each be represented by separate, independent attorneys before signing.
  • The agreement must be signed and notarized or witnessed before medical procedures begin, other than medical evaluations.
  • A court can enter a judgment of parentage that names the intended parents as the legal parents.

That judgment can be obtained during the pregnancy, before the baby is born. This is usually called a pre-birth order. It is one of the main reasons California is treated as a distinct place to carry.

Other states handle this differently, and the differences are not small:

  • Some states have no surrogacy statute at all, so the rules come from scattered court decisions.
  • Some treat compensated surrogacy contracts as unenforceable, or restrict them in ways that change how a program works.
  • Some allow parentage to be settled only after birth, through a post-birth order or an adoption-type step.

This page does not characterise any other named state. If you live outside California, the law where you live and where you would deliver needs its own review by an attorney licensed there.

This legal setting is one reason intended parents from other states and other countries often look for surrogates who live in California. You may notice the effect in practice. Demand for California carriers is often described as strong, and many agencies focus their recruitment here. That demand is a fact about the market. It does not guarantee a faster match or a particular outcome for you.

The clarity of California law also matters for you directly. When the agreement complies with § 7962 and a parentage judgment is in place, your role is defined before the pregnancy begins:

  • You are the person carrying the pregnancy.
  • You are not the legal parent of the child.
  • The intended parents are.

That clarity runs in both directions. It settles who is responsible for the baby from birth, and it documents that this responsibility does not fall on you.

None of this makes surrogacy simple. The process still involves medical risk, a long time commitment and a contract you negotiate. What California offers is a defined legal path, not an easy one. This guide describes how that path generally works. It is not legal advice about any specific agreement, and your own attorney is the person who applies the law to your situation.

The Core Eligibility Requirements for California Surrogates

Eligibility starts with a set of common ranges, not a single universal rulebook. Agencies and fertility clinics in California each set their own standards. Many follow professional guidance from the American Society for Reproductive Medicine (ASRM). The criteria below are the ones you are most likely to see. Treat them as typical ranges, not lines that apply everywhere.

Age. Many programs look for surrogates roughly between 21 and 40, and some extend to 42.

  • The lower end exists because you are entering a binding legal agreement and making significant medical decisions. Programs generally want legal adulthood plus some life experience behind that consent.
  • The upper end reflects medical risk, which tends to rise with maternal age. Exact cut-offs differ by clinic.

A prior pregnancy and a child you are raising. Most programs ask that you have carried at least one pregnancy to term and are currently parenting. A prior uncomplicated delivery gives the clinic real evidence of how your body handles pregnancy. Raising a child also means you know what pregnancy and newborn life ask of you before you agree to do it for someone else.

Body mass index (BMI). Many California clinics look for a BMI under roughly 32 or 33. Some set it lower and some consider higher numbers case by case. This is a medical protocol, not a judgment about your body. Higher BMI is associated with higher rates of certain pregnancy complications, and clinics set thresholds with that risk in mind. If your number is near a program's limit, the physician reviewing your file is the person who decides.

A smoke-free household. Programs commonly ask that you and your household have been free of smoking and vaping for a period, often around 12 months. Expect questions about tobacco, nicotine and recreational drug use, including cannabis. California's legal cannabis market does not change most programs' expectations during a surrogate pregnancy.

Background check. A criminal background check is common, and many programs exclude applicants with felony convictions. Some also run checks on a partner or other adults in the household.

Financial stability. Many agencies ask that you are not in active bankruptcy and not relying on government cash assistance as your household's main support.

  • The stated purpose is to protect you from financial pressure. Compensation should not be the thing keeping your family afloat, because that could make it harder to make free decisions during a pregnancy.
  • Some programs treat health coverage programs like Medi-Cal differently from cash assistance. That is one more reason to ask each program directly.

Mental health screening. You do not need to clear a mental health review before you apply. A psychological evaluation is part of the process itself, described later in this guide. Applicants who have had treatment for anxiety or depression are not automatically excluded. Programs weigh history, stability and current support.

Postpartum timing. Many programs ask that you are a set number of months past your most recent delivery and have finished breastfeeding before medical preparation begins.

One point matters more than any number above. Meeting these criteria is preliminary eligibility, not acceptance. The criteria tell you whether your situation looks broadly in line with what programs commonly look for. Qualification is decided later, through agency review, medical screening at the fertility clinic, psychological evaluation and legal clearance. A woman who looks borderline on one measure may be cleared by a physician who reviews her full records. A woman who looks perfect on paper may not be. If you want the national picture, our national guide to becoming a surrogate covers these ranges across states. The full surrogate screening process explains how each review stage works.

Gestational vs. Traditional Surrogacy: What California Law Recognizes

There are two very different arrangements that both get called "surrogacy," and California law treats them very differently.

Gestational surrogacy means you carry a pregnancy with no genetic connection to the child.

  • The embryo is created through IVF, using the egg and sperm of the intended parents or of donors.
  • It is then transferred to your uterus. You carry it, but your eggs are not involved.
  • Section 7962 of the California Family Code is written for this arrangement. It refers specifically to assisted reproduction agreements for gestational carriers.

Traditional surrogacy means the surrogate's own egg is used, usually through insemination. She is the genetic mother of the child.

  • Section 7962 does not cover this arrangement in the same way.
  • In California, it generally raises questions of parentage that involve her rights as a genetic parent. Additional legal steps, which can resemble an adoption process, may be needed to establish the intended parents' parentage.
  • That makes traditional arrangements substantially more complex legally. They can also be harder emotionally, because the child is genetically related to the woman who carried it.

Because of that complexity, and because the gestational framework is clear, virtually all agency-assisted surrogacy in California today is gestational. Fertility clinics and established agencies build their programs around IVF and embryo transfer. Most do not facilitate traditional arrangements at all.

If you proceed through a California agency or fertility clinic, you are almost certainly on the gestational path. Several things follow from that:

  • Your eggs are not used. You do not go through ovarian stimulation or egg retrieval.
  • Your medical preparation focuses on your uterus, so the lining is ready to receive an embryo.
  • Your legal agreement is a § 7962 agreement, with the requirements described in this guide.
  • The parentage judgment names the intended parents, and you have no genetic link to the child.

Everything else on this page assumes gestational surrogacy. If someone suggests an arrangement using your own eggs, that is a different legal situation. It needs separate, careful advice from an independent attorney before anything else happens.

The Surrogacy Process in California, Step by Step

The full arc usually runs from a first inquiry to delivery over roughly 12 to 18 months, with the postpartum period after that. Matching speed, clinic schedules and the number of transfer attempts can all stretch the timeline. Here is the general sequence. Each step is covered more fully on our page about the surrogacy process for surrogates.

Step 1: Application and preliminary review. You complete an agency's intake form covering age, pregnancy history, BMI, lifestyle and household. A coordinator reviews it for basic fit. This is the first look at your file, not approval.

Step 2: Medical records review and psychological screening. You request records from your prior pregnancies and deliveries. Your health history is reviewed, and you complete a psychological evaluation with a licensed mental health professional. A partner, if you have one, is often part of this stage.

Step 3: Matching with intended parents. The agency shares your profile with intended parents whose expectations seem compatible with yours, and you see theirs. You can usually express preferences on things like:

  • the kind of family you want to carry for
  • how much contact you want during and after the pregnancy
  • views on selective reduction and termination
  • the number of embryos you are willing to have transferred
  • whether you are open to intended parents from other countries

Many matches start with a video call or a meeting. Either side can decline.

Step 4: Medical clearance at the fertility clinic. The IVF clinic chosen by the intended parents carries out its own evaluation. The clinic, not the agency, makes the final medical determination.

Step 5: Legal phase. You and the intended parents each work with separate independent attorneys. The gestational surrogacy agreement is negotiated, then signed and notarized or witnessed as § 7962 requires.

Step 6: Medical preparation and embryo transfer. You take medications to prepare your uterine lining, followed by a transfer at the clinic.

Step 7: Confirmed pregnancy and prenatal care. A positive pregnancy test is followed by early monitoring at the fertility clinic. Your care then moves to your own OB or midwife.

Step 8: Pre-birth order. Attorneys file a petition with a California Superior Court for a judgment of parentage. This is commonly done in the second trimester.

Step 9: Delivery and the post-delivery transition. You give birth, the intended parents take the baby home, and you recover.

Steps 4 and 5 must be finished before medical procedures begin. Under § 7962, the agreement must be executed before procedures other than medical evaluations start. Ethically, it makes sense for the same reason: the agreement is in place so that the terms are fully understood before the body is involved. If anyone proposes starting medications before your agreement is signed, treat that as a serious warning sign.

The Gestational Surrogacy Agreement: What the Contract Covers

The gestational surrogacy agreement is the contract between you and the intended parents. It sets out the terms of the pregnancy, the money, the medical decisions and the relationship.

California Family Code § 7962 sets several requirements:

  • Written form. The agreement must be written.
  • Notarized or witnessed. It must be signed and notarized or witnessed.
  • Before medical procedures. It must be executed before medical procedures begin, other than evaluations.
  • Required contents. It must state certain information, including the identity of the intended parents. It must also disclose how the intended parents will cover your medical expenses and those of the newborn, including a review of health insurance.
  • Independent counsel. You and the intended parents must each be represented by separate, independent licensed attorneys of your own choosing before signing.

Who pays your attorney is set by the arrangement, not by this page. In many California arrangements, the intended parents fund the surrogate's legal fees. Confirm in writing who pays, and how much is covered, before you engage counsel.

Agreements commonly address these topics:

  • Compensation and expense reimbursement: base compensation, allowances, reimbursements and the payment schedule.
  • Medical decision-making: who decides what, and when.
  • Selective reduction and termination: the parties' positions on these situations. These terms are negotiated, not dictated, and a match where your views and the intended parents' views differ here is usually not a good match.
  • Contact: communication during the pregnancy, attendance at appointments and the delivery, and contact after birth.
  • Life and disability insurance: whether any policy is arranged for you, who pays and how long it runs.
  • Health insurance and uncovered costs: who is responsible for what your coverage does not pay.
  • Lifestyle terms: travel limits and other restrictions during the pregnancy.

Your attorney reviews the agreement on your behalf. Their job is to explain the terms, flag what is missing or unusual, and negotiate changes for you. Do not sign an agreement your own attorney has not reviewed. You have standing to negotiate through counsel. If a term feels wrong, raising it is part of the process, not an act of bad faith.

The contract also connects to the pre-birth order. The parentage petition is typically filed during the pregnancy, in a California county that the statute allows. Those counties include the one where the child is expected to be born and the one where you live. Once the court enters the judgment, the intended parents can be named on the birth certificate without a post-birth adoption.

This section describes what agreements typically cover. It is not legal advice about any specific agreement. An independent attorney who represents you is the only person positioned to tell you what your contract says and means.

Surrogate Compensation in California: How It Is Structured

Money matters, and you deserve a straight description of how it works. This page does not quote dollar figures. The reason is that California compensation varies too much by agency, by intended parents and by contract for any single number to be honest. What can be described clearly is the structure.

Compensation generally has two parts.

Base compensation is the core payment for carrying the pregnancy.

  • In many agreements, it is paid in monthly installments once a pregnancy is confirmed, often starting after a heartbeat is detected.
  • The amount varies by agency, by the intended parents and by your experience. First-time surrogates and experienced surrogates are commonly offered different base amounts.
  • An agency's advertised top rate usually reflects experienced surrogates or specific circumstances. It is not what a first-time surrogate should assume she would receive.

Reimbursements and allowances cover specific expenses and events. They are separate from base pay. Categories that commonly appear in agreements include:

  • a maternity clothing allowance
  • travel to the fertility clinic and medical appointments, including mileage, and lodging if the clinic is far away
  • lost wages for required appointments, procedures or medically ordered rest, usually requiring documentation
  • childcare for your own children during appointments and recovery
  • housekeeping if a doctor orders bed rest
  • a monthly miscellaneous allowance for smaller costs such as phone calls, local travel and vitamins

Procedure-specific payments may apply to particular events, such as:

  • starting medications
  • a mock cycle
  • each embryo transfer
  • invasive procedures such as amniocentesis if one is required
  • a C-section delivery
  • a multiples pregnancy, which commonly carries additional compensation if twins or more occur

Whether each of these appears, and at what amount, depends on your agreement.

Insurance and protections such as life insurance and short-term disability coverage are contract terms, not automatic features. Ask whether the arrangement includes them, who pays for them and how long they run. They are covered in more detail in the insurance section below.

Escrow. In well-run arrangements, the intended parents fund an independent third-party escrow account. Payments to you are released from that account on the schedule your contract sets. Escrow means the money exists before you begin, and that payments do not depend on informal requests. Ask who the escrow company is and how disbursements are approved.

Taxes. How surrogacy compensation is taxed is not a question this page can settle, and it depends on individual circumstances. Talk with a tax professional who has experience with surrogacy arrangements before you sign, so you understand what applies to you. This is not tax advice.

Agreeing on terms. Specific amounts are set agency by agency and contract by contract. The reliable way to understand what a particular arrangement would pay is a consultation with an agency about its current schedule, plus your attorney's review of the actual agreement. Ask any agency for its compensation schedule in writing. Ask what is base pay, what is reimbursement, and what each payment depends on.

Medical Screening and the IVF Process: What to Expect Physically

This is a physically demanding process, and it starts well before any pregnancy. Here is what the medical side generally involves. Our page on surrogate medical screening goes through each test in detail.

The clinic decides medical clearance. The fertility clinic, not the agency, carries out the medical clearance. The evaluation commonly includes:

  • a review of your prior obstetric records
  • a physical exam
  • bloodwork
  • infectious disease screening
  • an evaluation of your uterus, often by sonohysterogram (saline ultrasound) or hysteroscopy, to check for anything that could affect implantation or pregnancy

A partner may also be tested. The physician weighs your history, including how prior pregnancies and deliveries went, any complications and the number of C-sections. That history counts alongside the test results.

Infectious disease testing has a federal dimension. The FDA's rules at 21 CFR Part 1271 set screening and testing requirements for reproductive tissue used in arrangements where embryos are transferred to someone other than the people who provided the eggs and sperm. That is one reason infectious disease testing in surrogacy is thorough and documented. Your own testing as the carrier is also standard clinic practice under professional guidance.

Your eggs are not involved. There is no ovarian stimulation for you, and no egg retrieval. Preparation focuses on getting your uterine lining ready.

The medications. Protocols commonly use:

  • Estrogen, as pills, patches or injections, to build the lining.
  • Progesterone, often as intramuscular injections, sometimes as vaginal suppositories, to support it.

Some protocols add medication to temporarily suppress your natural cycle first. Your clinic sets the protocol. After a confirmed pregnancy, progesterone support commonly continues until roughly 10 to 12 weeks, when the placenta takes over hormone production.

The transfer. The embryo transfer is a short outpatient procedure.

  • A thin catheter passes through the cervix, guided by ultrasound.
  • Many women describe it as similar to a pap smear. Anesthesia is not typically used.
  • Some clinics recommend a short period of rest afterwards. Then comes a wait of roughly two weeks before a pregnancy test.

After a positive test. Early ultrasounds are done at the fertility clinic. Once the pregnancy is established, you are released to your own OB or midwife for ongoing prenatal care. You generally choose your provider. The agreement may set parameters, such as a board-certified OB, or delivery at a hospital rather than at home.

The physical demands. Injectable medications often mean daily self-injection, or injections given by your partner, sometimes for weeks. Intramuscular progesterone can leave soreness at injection sites. Hormonal preparation causes side effects for some women, including:

  • bloating
  • breast tenderness
  • headaches
  • mood changes
  • fatigue

For some, these are significant. A transfer may not work the first time, which can mean repeating the cycle. Then comes the pregnancy itself, with its usual discomforts and risks, and a delivery that may include a C-section. This is a real physical commitment. Weigh it as one.

Psychological Screening and Emotional Preparation

Carrying a child you will hand to its parents is emotionally different from any pregnancy you have had. The psychological evaluation exists to make sure you have thought that through and have support around you.

Who does it. The evaluation is a standard requirement in California programs. It is typically conducted by a licensed psychologist or licensed clinical social worker with experience in third-party reproduction. ASRM publishes guidance on psychological assessment of gestational carriers, and agencies and clinics typically follow it. That guidance is a professional standard, not law. It is the reason evaluations look broadly similar from program to program rather than arbitrary.

What it is not. The evaluation is not a pass-or-fail test of your mental health. It looks at:

  • your readiness for the process
  • the strength of your support system
  • how well you understand surrogacy
  • your ability to see the pregnancy as one you carry for someone else

It often involves a clinical interview and a standardized personality questionnaire. A partner may be interviewed too.

Topics commonly covered:

  • Your motivations, and how compensation fits alongside them.
  • Your support system. This means your partner's support if you have a partner, and otherwise the people around you, such as family and friends who can help with childcare and recovery.
  • Your own children. How you will explain the pregnancy to them, and how they may feel when the baby goes home with another family.
  • The intended parents. Your understanding of their role, and your expectations about contact.
  • Stress and history. How you have handled stress, past pregnancies and any mental health history.

Your children deserve a plan of their own. The way you explain the pregnancy to them depends on their ages. Young children often understand simple framing, such as "I'm helping grow a baby for a family who couldn't." Older children may have more questions. Evaluators often help you think this through, and that conversation can be one of the most useful parts of the process.

Support during the pregnancy. Some agencies offer counseling or support groups. Some agreements include an allowance for counseling with a provider of your choice. Ask what is available, who provides it and whether it continues after delivery.

The emotional arc varies. Some surrogates describe the experience as emotionally straightforward. Others find the hormonal preparation, a failed transfer or the weeks after delivery more complex than they expected. Neither experience is a sign of having done it wrong. Our page on surrogate psychological screening explains the evaluation step by step, including the tests commonly used and the outcomes that are possible.

Choosing a Surrogacy Agency in California: What to Look For

California does not license surrogacy agencies. There is no state body that certifies them.

  • Family Code §§ 7960 to 7961 address surrogacy facilitators and how client funds must be handled, but that is not a licensing or quality review system.
  • In practice, checking an agency's standards falls to you.
  • Agencies vary a great deal, and a polished website does not tell you which ones run their programs well.

Questions worth asking any California agency:

  • Experience and volume. How long has the agency been operating? How many matches does it complete each year?
  • Intended parent screening. How does it screen intended parents? Does it verify finances, review their medical plan and conduct psychological consultations?
  • Social work support. Does it have in-house social workers or counselors, or does it refer out? What support is available during the pregnancy?
  • Coordinator caseload. How many surrogates does each coordinator manage? Who is your contact if something happens on a weekend?
  • Compensation in writing. Will it provide its compensation and reimbursement schedule in writing, before you commit?

Escrow. Ask which independent third-party escrow company handles funds, and how disbursements are approved. In well-run arrangements, payments come from escrow on the contract schedule, not directly from the intended parents. Be cautious about any arrangement where money would come straight from the intended parents with no escrow in place.

Your attorney. Section 7962 requires separate, independent counsel of each party's choosing. A reputable agency treats that as non-negotiable. Ask:

  • how attorney fees are paid
  • whether you can choose your own attorney rather than one on the agency's list

An attorney on a referral list can still be independent. The point is that the choice is yours.

Red flags:

  • pressure to sign quickly
  • discouraging you from consulting your own attorney
  • vague answers about escrow
  • no written compensation schedule
  • inability or unwillingness to connect you with surrogates who have worked with them

Working without an agency. Some surrogates work directly with fertility clinics and reproductive attorneys, often in an arrangement with intended parents they already know. This is possible. You then manage more of the coordination yourself, including screening the intended parents, insurance review, escrow and scheduling.

Our page on choosing a California surrogacy agency goes through these comparisons in more depth. Surrogate Compass can connect you with agencies. The agency you choose screens, matches and handles the arrangement.

California's Pre-Birth Order: How Parental Rights Are Established

A pre-birth order is a court order entered during the pregnancy. It establishes the intended parents as the child's legal parents before the baby is born.

In California, this is a judgment of parentage under the Family Code. California courts have dealt with gestational surrogacy parentage since the 1990s, and the framework is well established.

The statutory basis. California Family Code § 7962(f) addresses the parentage judgment for a gestational surrogacy agreement. An agreement executed in line with § 7962 provides the foundation for the court to enter a judgment that names the intended parents.

Where it is filed. The petition goes to the Superior Court in one of the California counties the statute allows. These include the county where the child is expected to be born and the county where you live. Your attorney and the intended parents' attorney commonly handle the filing. You may be asked to sign a declaration or other documents. In many cases you do not need to appear in court.

Timing. The petition is commonly filed in the second trimester. The judgment is often in place before the third trimester, which leaves time to share it with the delivering hospital. Court schedules vary by county.

What it does. With the judgment in place:

  • the intended parents can be listed directly on the birth certificate
  • no adoption proceeding is needed
  • the order formally records that you are not the legal parent of the child you are carrying

That matters for you as well as for them. Responsibility for the child rests with the intended parents from birth, and the documentation says so.

Who the intended parents are does not change the process. It is the same whether they are a married couple, an unmarried couple, a same-sex couple or a single parent. California's statute is framed around intended parents generally.

The California courts' self-help site at selfhelp.courts.ca.gov publishes general information on parentage proceedings in California Superior Court. It is a useful plain-language background resource. It is not specific to your agreement, and your attorney is the person who handles your case.

Insurance and Financial Protections for California Surrogates

Insurance is one of the most important and most confusing parts of surrogacy, and the answers are specific to each policy and each contract.

Your current health insurance. Your existing plan may or may not cover a surrogate pregnancy. The answer depends on the exact policy language. Many plans contain exclusions for surrogacy. Others are silent on it, or cover maternity care in ways that need careful reading. Never assume either way.

A benefits review. A detailed review of your existing policy is a standard step, commonly done by a surrogacy insurance consultant or broker before the agreement is finalized. The reviewer reads the plan documents, not just the summary, and reports on what the policy appears to cover.

If your policy excludes surrogacy. Arrangements differ. One option is a separate surrogacy-specific policy purchased for the pregnancy. Under § 7962, the agreement must disclose how the intended parents will cover your medical expenses. The specific mechanism is negotiated. Ask:

  • who buys any replacement or supplemental policy
  • who pays premiums, deductibles and copays
  • what happens if a claim is denied

Life insurance. Ask whether the arrangement includes a term life insurance policy for you, who the beneficiary would be, what the coverage amount is, who pays and how long after delivery it runs.

Disability and lost wages. If a complication or doctor-ordered bed rest stops you working, how that is handled depends on your contract. It may come through short-term disability coverage, through lost-wage reimbursement, or both. Ask:

  • what documentation is required
  • whether there is a cap
  • whether a partner's lost wages are included, for example for the delivery

Costs insurance does not cover. The contract should specify who is responsible for medical costs that insurance does not pay, including complications that arise after delivery. This is a negotiated term. Read it with your attorney.

Insurance arrangements vary widely by contract and by your existing coverage. The specifics are settled during the legal phase, not before. Treat anything you are told earlier as a description of a program's usual approach, not a commitment about your arrangement.

What Happens After Delivery: The Post-Birth Transition

Delivery ends the pregnancy, but it does not end your part in the process.

At the hospital. The birth certificate follows the pre-birth order. The intended parents are listed as the parents, and you are not listed as the mother. Hospital practices vary. Some California hospitals have specific procedures for surrogacy births, including room assignments, wristbands and who receives medical updates about the baby. Your agency or attorney commonly coordinates with the hospital before your due date. Ask for that plan in advance so the day itself is not when questions get answered.

Your recovery is your own. You receive standard postpartum care as the patient. The intended parents take the baby home. Recovery from a vaginal delivery or a C-section follows its usual course, and some contracts provide support during that period. Your agreement determines what is covered.

Breast milk. Some intended parents ask whether you would pump breast milk after delivery. This is a separate, negotiated arrangement. You are not obligated to pump unless you agree to it in the contract. If you do agree, the terms commonly cover duration, supplies, shipping and any related payment.

Remaining payments. Any remaining installments and reimbursements are paid out on the schedule your contract sets. The final payments commonly come after delivery. Final expense claims may need receipts, so keeping records throughout helps.

Contact afterwards. This varies widely. Some surrogates stay close to the families they carried for, with photos, visits and holiday cards. Others prefer limited contact. Expectations are typically discussed at matching and written into the agreement. In practice, relationships also change over time.

The emotional transition. Postpartum hormones, physical recovery and the end of an intense shared experience can come together in ways that surprise people. Many surrogates feel fine. Some feel low or unsettled for a time. Ask what counseling support the agency offers after delivery, and know the signs of postpartum depression, which can affect any birthing parent.

Doing it again. Many surrogates go on to carry a second time. A second journey can move faster, because records and screening history already exist. You would still go through medical review and a new agreement.

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  3. Talk through your optionsThen decide, in your own time, what comes next.
Common questions

Frequently asked questions

What are the basic requirements to become a surrogate in California?
Programs commonly look for: - an age of roughly 21 to 40, with some programs going up to 42 - at least one prior pregnancy carried to term, and a child you are raising - a BMI under about 32 or 33 - a smoke-free household - a clean background check - a stable financial situation without reliance on government cash assistance Programs differ on each of these. Meeting them is preliminary eligibility, not acceptance. Agency, medical and psychological screening determine whether you qualify.
How long does the surrogacy process take in California?
From application to delivery, it commonly takes 12 to 18 months. Screening and matching often take several months. Legal and medical clearance follow, then embryo transfer, a confirmed pregnancy and roughly nine months of pregnancy. Matching speed and the number of transfer attempts can lengthen the timeline.
Do I need to have been pregnant before to become a surrogate?
In practice, almost always. Nearly all agencies and fertility clinics look for at least one prior pregnancy carried to term, and a child you are raising. A prior delivery shows how your body handles pregnancy and gives the physician a baseline to review. The physician evaluating your records makes the medical decision.
Will I be genetically related to the baby I carry?
No, not in gestational surrogacy, which is the standard form in California. The embryo is created from the intended parents' or donors' eggs and sperm. Traditional surrogacy, where the surrogate's own egg is used, is rarely facilitated today and raises separate legal issues.
What does surrogate compensation cover in California?
It commonly has two parts: base compensation, often paid in monthly installments during the pregnancy, and reimbursements and allowances for specific costs and events. Those can include maternity clothing, travel, lost wages, childcare and procedure-specific payments. Amounts vary by agency, intended parents and contract. A written schedule from an agency, reviewed by your attorney, is the reliable way to understand a specific arrangement.
Do I need my own attorney to become a surrogate in California?
Yes. California Family Code § 7962 requires you and the intended parents to be represented by separate, independent attorneys before signing the agreement. In many arrangements the intended parents fund the surrogate's legal fees. Confirm that in writing. Do not sign an agreement your attorney has not reviewed.
What is a pre-birth order and why does it matter?
It is a court judgment entered during the pregnancy that names the intended parents as the legal parents before birth. It allows them to be listed directly on the birth certificate, with no adoption. It also formally records that you are not the child's legal parent.
Will my health insurance cover a surrogate pregnancy?
That depends on your specific policy. Many plans exclude surrogacy. A benefits review of your existing coverage is a standard step before the contract is finalized. If coverage is excluded, other arrangements are negotiated, and the specifics are settled during the legal phase.
Can I become a surrogate if I am single or not married?
California law does not require you to be married. Some agencies have their own preferences. Whatever your marital status, the psychological evaluation looks at your support system.
Is surrogate compensation taxable in California?
This page cannot settle that question, because it is not settled in a way that applies to everyone, and it depends on your circumstances. Talk with a tax professional who has experience with surrogacy arrangements. This is not tax advice.
Can I choose my own OB or midwife during the surrogate pregnancy?
Generally, yes. After the fertility clinic releases you, you typically choose your own prenatal provider. The agreement may set parameters, such as board-certified OB care or a hospital delivery. Intended parents do not typically choose your provider.
What happens if the embryo transfer does not result in a pregnancy?
Failed transfers are common in IVF, and many agreements plan for more than one attempt. Your contract sets how many transfers are included, what happens if they do not succeed, and how compensation and expenses are handled for each attempt. Ask about this before you sign, and have your attorney confirm the terms.
How does California's surrogacy law compare to other states?
California has one of the more established statutory frameworks in the United States. Gestational agreements are addressed in Family Code § 7962, and parentage judgments can be entered before birth. The process does not change based on the intended parents' marital status or sexual orientation. Many states have no surrogacy statute, and some restrict or will not enforce compensated agreements. If you live in another state, the law there needs its own review by an attorney licensed in that state.
Sources Show citations

Citations linked to free, stable, primary sources: reproductive medicine practice guidance, federal health data, peer-reviewed literature, and the relevant state's own statutes. Requirements and law vary by state, clinic and program, so a source is dated wherever the underlying guidance carries a date.

Last reviewed October 18, 2026.

Not medical or legal advice. This page is general education for women considering becoming a gestational surrogate. Surrogate Compass is not a surrogacy agency, a fertility clinic, a medical provider or a law firm. Eligibility criteria, compensation and surrogacy law vary by state, clinic and program, and every candidate is reviewed individually. Nothing here is an offer, a guarantee of acceptance, or a guarantee of any compensation amount.

AI assistance disclosure: Drafted with AI assistance and reviewed before publication.