California Surrogacy Laws for Surrogates: What the Statute Actually Requires

California law sets very few eligibility rules for you. It mainly regulates the agreement. Under California Family Code § 7962, a gestational carrier agreement must be in writing. You and the intended parents must each have a separate, independent attorney before signing. Embryo transfer and transfer medications cannot begin until the agreement is fully executed. A court can then establish parentage before birth.

You may be reading this before you have told anyone, trying to work out what the law would actually ask of you. This page covers that in general terms. It is not legal advice. Your own attorney advises on your specific agreement.

Surrogate Compass is an independent platform for women considering gestational surrogacy. We explain eligibility, compensation, the process and how to compare programmes before you commit to an agency, and we can connect you with agencies. Agencies, clinics and attorneys do the screening, matching, contracting and paying. In California, most of the rules you are measured against come from clinics and agencies. The statute governs the paperwork and the parentage.

Why California Is a Surrogacy-Friendly State, and What That Actually Means

California has no single standalone surrogacy code. The framework is assembled from several pieces:

• The Uniform Parentage Act provisions of the Family Code, beginning at § 7600, which set out how parentage is determined.
• Section 7962, which specifically governs gestational carrier agreements.
• Case law. In Johnson v. Calvert (1993) 5 Cal.4th 84, the California Supreme Court held that where a gestational carrier carries an embryo created by the intended parents, the people who intended to bring the child into the world are the legal parents.

Courts in California have built on that reasoning for decades. The full text of the Family Code is published on the California Legislative Information site.

This page is about gestational surrogacy. In a gestational arrangement you have no genetic link to the baby, because the embryo comes from the intended parents or donors. In traditional surrogacy the surrogate's own egg is used, so she is the genetic mother. California law treats the two very differently. Section 7962 addresses gestational carriers, and most agencies and attorneys in California work only with gestational arrangements.

"Surrogacy-friendly" has a precise meaning. Courts recognise properly prepared gestational carrier agreements and routinely issue parentage orders before birth. It does not mean the process is unregulated, and it does not mean you carry no legal obligations. The agreement you sign binds you too.

The Gestational Carrier Agreement: What the Contract Must Cover Under California Law

The gestational carrier agreement, often called the GCA, is the main legal document governing your rights and obligations from transfer through delivery. Section 7962 sets minimum requirements for it:

• In writing and fully executed before treatment. The parties cannot proceed to embryo transfer, or start the injectable medications leading up to it, until the agreement is fully signed.
• Signatures formally witnessed. The statute requires the signatures to be notarized or witnessed in a way it specifies.
• Separate, independent attorneys. Before signing, you and the intended parents must each be represented by your own licensed attorney of your choosing.
• Required disclosures. These include who the intended parents are, where the eggs and sperm came from (unless donated anonymously), and how the intended parents will cover medical expenses for you and the newborn, including a review of your health coverage.

Beyond that statutory minimum, agreements typically go much further. They usually address compensation, medical decision-making, selective reduction and termination, health and life insurance, and what happens if the intended parents die or divorce before the birth. Which of these appear, and how they are worded, is negotiated through the attorneys.

Your attorney's review is not a formality. It is a condition the statute builds into a valid agreement.

Eligibility Requirements California Law and Medical Standards Impose on Surrogates

Three layers decide eligibility, and it helps to keep them separate.

What the statute requires. Section 7962 does not set a specific minimum age by name. A surrogate must be a legal adult able to sign a contract, which means 18 or older. The statute does not require you to have given birth before, and it does not set BMI, health or lifestyle limits.

What professional medical guidance recommends. Clinics commonly follow guidance from the American Society for Reproductive Medicine. That guidance favours candidates who have carried a healthy pregnancy before, and it recommends medical and psychological evaluation. This is where the "having had a prior birth" expectation comes from. It is a medical standard, not a California statute.

What individual programmes impose. Agencies and clinics set their own criteria on age, BMI, number of prior deliveries and C-sections, and time since your last birth. Many programmes start at 21, for example, though the law allows 18. Two programmes can reach different answers about the same woman. For common ranges and how they differ, see the guide to surrogate requirements.

Meeting the legal threshold is not the same as qualifying. Medical and psychological screening must be completed before any embryo transfer, and a physician reviewing your records makes the medical decision.

Residency is a separate question. The statute does not limit surrogacy to California residents. If the birth will take place in California, California law generally governs the agreement and the parentage process, and your attorney confirms which state's law applies. Any residency requirement comes from an agency or clinic policy, not from § 7962.

Pre-Birth Orders: How California Establishes Parental Rights Before Delivery

A pre-birth order is a court judgment, issued before the baby is born, that names the intended parents as the legal parents. California courts have authority to make these orders under the Uniform Parentage Act framework, including Family Code §§ 7630, 7650 and 7962. Each petition is still reviewed by a judge, so an order is routine in California but never automatic.

The order depends on the agreement. Without a valid, properly executed GCA already in place, there is nothing for the petition to rest on.

On timing, attorneys often file the petition during the second trimester, and the order is usually in place before the due date. The surrogate's attorney typically participates in the pre-birth order process on the surrogate's behalf.

At the hospital, the order is provided to the hospital, either by you or by the attorneys, depending on how your team arranges it. The hospital then reports the birth with the intended parents listed. When a valid order is in place, your name generally does not appear on the birth certificate.

General information about California court procedures and forms is available from the California Courts website and its self-help resource.

The Surrogate's Legal Rights During and After the Pregnancy

Start with your body. You remain the patient throughout the pregnancy. An agreement can record the intended parents' preferences on medical questions, but it cannot override your informed consent to treatment.

Selective reduction and termination clauses are where this matters most. The general position is that no contract can compel a medical procedure on you against your will. Agreements may still attach financial or other consequences to a decision. How a specific clause would be treated is a question for your attorney before you sign, not after.

Independent counsel is a right the statute gives you, and the GCA cannot waive it. Nor can it require you to use the intended parents' attorney. Who pays your attorney is set in the arrangement, so ask how it is paid and confirm it in writing.

After the birth, once a valid parentage judgment is in place, you are generally not a legal parent of the child. You have no custody rights and no child support obligation.

Compensation, Expenses, and How California Law Treats Surrogate Pay

California permits compensated gestational surrogacy. No statute limits you to reimbursement of expenses.

There is also no statutory pay schedule. Every amount is set in the GCA and negotiated between the parties, usually through an agency's standard structure. Any figure you see advertised is that programme's own number, not a legal benchmark.

Agreements usually separate two kinds of money:

• Base compensation, for carrying the pregnancy, often paid in instalments once a pregnancy is confirmed.
• Allowances and reimbursements for defined costs, which can include medical expenses, travel, maternity clothing, lost wages and childcare during appointments.

Which items appear, and how they are calculated, differs by programme. The breakdown of base pay versus allowances explains each category.

Payments are commonly routed through an escrow account managed by a third party, rather than paid directly by the intended parents. Ask who holds the escrow, when it must be funded, and what happens if the balance runs low.

Tax treatment is not set by § 7962. How your compensation is taxed is a question for a tax professional, and this page does not give tax advice.

What Happens If Something Goes Wrong: Disputes, Breach, and Protections Under the GCA

Disputes are uncommon, and this section is here so you can read the agreement knowing which clauses matter.

A properly executed GCA is an enforceable contract under California law, and it binds both sides. If the intended parents fail to make a payment the agreement requires, the remedy runs through the contract. That is why the dispute resolution clause matters. Look at whether it calls for mediation, arbitration or court, and who pays the costs.

Agreements also commonly address what happens if the intended parents die or divorce before the birth, usually by naming a guardian or another contingency. Ask your attorney to show you where this is covered and what it says.

Insurance deserves time before you sign. The statute requires disclosure of how medical expenses will be covered, but the details vary by agreement. Ask who pays the premiums, what your policy excludes for surrogacy, whether life insurance is arranged for you, for how long, and what happens to coverage after delivery.

Complications are handled differently. Medical decisions during the pregnancy, including hospitalisation, sit with you and your medical team. The agreement deals with costs and consequences. It does not replace informed consent.

Working With a Surrogacy Attorney in California: What Independent Counsel Actually Does

"Independent" under § 7962 means your attorney represents only you. That rules out the intended parents' attorney and the agency's in-house counsel. If an agency suggests names, you can still choose someone else.

Your attorney's work typically includes:

• Reviewing the GCA for terms that are unfavourable, possibly unenforceable or missing.
• Negotiating changes on your behalf.
• Explaining your rights and obligations in plain language before you sign.
• Participating in the pre-birth order process for you.

Signing before an attorney has reviewed the agreement is a common mistake that can lock in terms that are difficult to change later.

The attorney's role has limits. They advise on the legal framework. Medical and psychological screening decisions belong to the clinic and agency. Where the attorney fits in the overall timeline is set out in the guide to the surrogacy process. How California agencies handle attorney fees and escrow is a useful comparison point when choosing a California agency.

Next Step

Surrogate Compass offers a free eligibility review with no obligation. The review looks at your age, your pregnancy and delivery history, where you live and expect to deliver, and the other criteria programmes commonly use. It shows whether your situation looks likely to meet those common criteria. You can preview the questions in the surrogate eligibility quiz. The review is not approval. Agencies and clinics run their own screening, a physician decides on medical clearance, and an independent attorney reviews any agreement.

When you are ready, contact Surrogate Compass to request your free eligibility review. There is no deadline, and you can come back whenever it suits you.