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.
