California Surrogate Requirements: What the Law and Agencies Actually Ask For

Becoming a surrogate in California means meeting requirements from three separate places. California law sets the rules for the agreement, including your own independent attorney and a signed contract before any embryo transfer. Clinics apply medical standards, commonly an age range of about 21 to 45, at least one prior birth, and a BMI within a set range. Agencies add their own checks, and those differ between programmes.

This page explains what each layer asks for. It does not decide whether you meet them. That decision belongs to the agency, clinic, physician and attorneys who review your actual records.

Why California Has Its Own Surrogate Requirements

You may be reading this before you have said a word about surrogacy to a partner, a friend or your own doctor. Many candidates start this way. They want to know privately whether it is realistic before anyone else knows. Surrogate Compass is an independent platform built for that stage. We explain eligibility, pay and process from the surrogate's side and connect candidates with agencies. We do not screen, match, contract with or pay anyone. Agencies do that.

California is widely regarded as one of the most surrogacy-friendly states in the US. Its Uniform Parentage Act, at Cal. Fam. Code §§ 7960 to 7962, speaks directly to gestational surrogacy agreements. Many states have no comparable framework, and some are hostile to compensated surrogacy, so a rule that applies in California does not carry over to another state.

The law is only one layer. The requirements you will meet come from:

• California statute, which governs the legal agreement and parentage.
• Clinical standards, largely shaped by guidance from the American Society for Reproductive Medicine (ASRM). These are medical guidelines, not law.
• Agency and clinic policy, which is set by each programme and can go well beyond the first two.

These are not the same list. A requirement you read on one agency's website may be that agency's policy, not a California rule. Passing a preliminary checklist, including an online one, is not qualification. Screening at each layer decides that.

The Statutory Floor: What California Law Requires

California's surrogacy law is mostly about the agreement, not about your body. It does not set medical criteria. Under Cal. Fam. Code § 7962:

• You and the intended parents must each be represented by separate, independent attorneys before the agreement is signed.
• Your attorney represents you. Not the intended parents, and not the agency.
• The agreement must be in writing, signed by all parties, and notarized or witnessed.
• No embryo transfer can take place, and no injectable medication for the transfer can begin, until the agreement is fully executed.

That last rule shapes your timeline. Because transfer medications cannot start until the contract is complete, the legal stage has to finish before your clinic calendar begins. Attorneys and clinics commonly build in their own gap between signing and the start of medication, and your attorney can confirm the exact sequence for your agreement.

On age, the statute sets no minimum beyond the general age of majority, which is 18. Medical and agency standards set higher floors, covered below.

The statute also does not require you to live in California. California courts can handle parentage when the agreement designates California law and the birth is expected in the state. Some agencies still prefer or require California-based surrogates for practical reasons.

One distinction matters here. California's framework under §§ 7960 to 7962 applies to gestational surrogacy, where the embryo is created from the intended parents' or donors' eggs and sperm, so you have no genetic connection to the baby. Traditional surrogacy, where the surrogate's own egg is used, is treated differently under California law and is rarely facilitated by agencies.

Medical and Clinical Requirements

Fertility clinics decide medical clearance, and most California clinics draw on ASRM guidance when setting their criteria. ASRM guidance is a clinical standard, not law. A clinic can be stricter, and an individual physician can weigh your history differently from the general guidance.

The criteria clinics commonly look at:

• Age. ASRM guidance generally points to surrogates between 21 and 45. Many clinics set a lower upper limit, often 40 or 42, based on uterine health and pregnancy risk.
• Prior birth. ASRM guidance and nearly all California agencies look for at least one pregnancy you carried and delivered yourself. The reasons are explained on our page on the prior pregnancy requirement.
• BMI. Most clinics look for a BMI within a set range, commonly under 32 to 33, and some are stricter. This is a medical screening criterion, not a legal one. Our page on surrogate BMI requirements covers how programmes differ.
• Nicotine and drugs. Programmes generally look for no current tobacco, nicotine or recreational drug use.
• Mental health. A psychological evaluation is a standard part of clearance. Programmes generally look for no major untreated condition. A history of treatment is weighed case by case, not ruled out automatically.
• Uterine health. The clinic confirms this directly, often by hysteroscopy or an equivalent evaluation.
• Infectious disease testing. Federal FDA rules in 21 CFR Part 1271 govern infectious disease screening for the people who provide the eggs, sperm and embryos used in IVF. Clinics also commonly run an infectious disease panel on the surrogate as part of their own protocol. These are federal and clinical requirements, not California law.

Prior C-sections, past preeclampsia, gestational diabetes and current medications are all reviewed individually. None of them has a flat yes or no answer. A physician reviews your obstetric records and decides. If you take a regular prescription, our page on the surrogate medication protocol explains what the IVF regimen involves.

Agency Requirements and Why They Often Go Further

Agencies sit on top of the legal and medical layers, and this is where checklists vary most. California agencies are not licensed or regulated by the state in the way attorneys and physicians are, so their requirements are their own policies. Two California agencies can have meaningfully different lists.

Common agency additions include:

• Financial stability. Often no active bankruptcy, and in some programmes limits on reliance on certain forms of public assistance. Our page on household income checks explains why programmes ask.
• Stable housing.
• Criminal and child welfare history. Background checks commonly cover criminal records and child protective services registries, often for every adult in your household. Our page on background check requirements explains what is searched.
• Your partner's involvement. If you have a spouse or partner, many agencies ask them to complete psychological screening and sign the agreement.
• A completed family. Some agencies prefer surrogates who are not planning further pregnancies of their own. This is agency policy, not law.
• Insurance review. Agencies typically review your existing health insurance before matching, because policies differ widely on surrogate pregnancies.

Meeting an agency's published criteria does not mean acceptance. It means the agency will look further.

The Legal Agreement: What Fam. Code § 7962 Requires Before Transfer

The gestational surrogacy agreement is the document that sets out your pay, your protections and everyone's responsibilities. Under Cal. Fam. Code § 7962, it must be written, signed and fully executed before any embryo transfer, with each side represented by independent counsel.

In common practice the intended parents pay your attorney's fees, but your attorney's duty runs only to you. Ask your programme to confirm in writing who pays for your attorney and whether you can choose them.

The statute requires certain basics in the agreement, including how the intended parents will cover your medical expenses. In practice, agreements go much further and commonly address:

• base compensation and the reimbursable expenses
• health insurance and whether life insurance is arranged for you, who pays for it and how long it runs
• decision-making during the pregnancy
• what happens if selective reduction or termination is raised
• parental rights and the parentage process

Each of these is negotiated. Your attorney's role is to review and negotiate those terms on your behalf before you sign.

California courts can issue a pre-birth order, a court order made before the birth that establishes the intended parents as the child's legal parents. This is one of the features that makes California favourable for surrogacy: it settles parentage in advance rather than leaving it to be resolved after delivery. The California courts website at courts.ca.gov and the self-help centre at selfhelp.courts.ca.gov explain parentage proceedings in general terms. The agreement itself is drafted by private attorneys, not by the court.

Compensation, Expenses, and What the Agreement Covers

California law does not cap or set surrogate compensation. The amount is negotiated and written into your agreement.

Compensation is typically structured in two parts:

• Base compensation, usually paid in monthly instalments once a pregnancy is confirmed.
• Reimbursement of documented expenses, which agreements commonly list as things like medical co-pays, travel to appointments, maternity clothing and lost wages for medically required bed rest.

Which expenses are reimbursable, and how you document them, is a negotiated term, not a statutory one. Base compensation varies with whether you have been a surrogate before, the local market and the agency. An advertised top rate on a website is not what a first-time surrogate is offered. The reliable way to see what a specific arrangement looks like is the written compensation schedule from an agency, reviewed by your attorney. When comparing surrogacy agencies, ask for that schedule, how funds are held, and when each payment is released.

A general note on tax, not tax advice: the federal tax treatment of surrogate compensation has not been settled by a specific federal rule, and tax professionals do not all treat it the same way. A tax professional can look at your own situation.

How the Screening Process Actually Works, Step by Step

Screening runs in a sequence. Each step is a gate, and passing one does not guarantee passing the next.

1. Initial application. The agency reviews basic eligibility: age, prior births, location and a summary of your health history.
2. Background check. Criminal history and, depending on the agency, a financial review.
3. Psychological evaluation. A licensed mental health professional typically covers your motivations, your understanding of the process, relationship stability and your readiness to hand the baby to the intended parents.
4. Medical screening. The fertility clinic performs a physical exam, uterine evaluation and infectious disease panel, and reviews your obstetric records.
5. Insurance review. Your existing policy is checked for surrogacy exclusions. Ask how any gap would be covered and who pays.
6. Legal review and agreement. Your independent attorney reviews and negotiates the agreement for you.
7. Embryo transfer. This happens only after the agreement is fully executed under § 7962, and transfer medications begin only after that point.

At any step you can ask questions, pause or decide not to continue.

What Disqualifies a Surrogate in California

These are common disqualifying factors across California agencies and clinics. They are not an exhaustive legal list, and they are not a judgment about your situation. Many have exceptions, and programmes weigh them differently.

• No prior live birth. A candidate who has never carried and delivered her own child is almost always declined.
• Serious mental health conditions that are active, recent or not under stable treatment.
• Current tobacco or nicotine use. Some agencies accept candidates who stop, after a waiting period.
• BMI outside the clinic's range. Ranges differ, so a number one clinic declines may fall within another's.
• Active bankruptcy or financial instability. An agency-level policy, not a statutory one.
• Medications incompatible with pregnancy or the IVF protocol. Sometimes a physician can advise on alternatives. This is decided individually.
• Certain uterine conditions found during medical screening.
• Criminal history involving violence, child abuse or child welfare proceedings.
• Certain means-tested public assistance. An agency policy that varies between programmes.

If one of these applies to you, it is worth knowing which layer it comes from. A clinical concern is decided by a physician. An agency policy may not apply at another agency.

Your Next Step

If you want a clearer read on your own situation, Surrogate Compass offers a free eligibility review with no obligation. The review looks at your age, pregnancy and delivery history, your BMI and health background, and the other criteria California programmes commonly use, and it shows whether your situation looks likely to meet those common criteria. It is not approval. Agencies and clinics run their own screening, and a physician decides on medical clearance.

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.