Surrogacy in California
We serve all of California from our home office in Rancho Cucamonga, helping families across the state since 2015. California writes gestational surrogacy into its statutes, and we welcome married, unmarried, LGBTQ+, and single intended parents. Below is how the law works in plain language, what the process looks like, and how to begin.
- Serving
- All of CaliforniaFrom our home office in Rancho Cucamonga
- Helping families since
- 2015A decade of California matches
- The law
- In statuteGestational carrier agreements, since 2013
- Parentage
- Pre-birth judgment availableThe parentage action can be filed before the birth
What the law says in California, plainly.
California spells gestational surrogacy out in its statutes: what the agreement must contain, who has their own attorney, when it is signed, and how the intended parents' parentage is established.
The detail to the right is general information, not legal advice. Your own California attorney confirms how it applies to your match.
Read our full surrogacy law guideCalifornia's rules for gestational surrogacy sit in the Family Code, in the part of the state's parentage law written for assisted reproduction agreements for gestational carriers, first enacted in 2012 and in force since 2013. Two things stand out. First, an agreement executed the way the statute requires is presumptively valid and cannot be rescinded or revoked without a court order. Second, the same statute provides for a judgment establishing the intended parents' parentage, which may be issued before or after the birth.
That pre-birth route matters. The parentage action can be filed before the birth, the judgment may be entered before the birth with its enforcement stayed until the baby arrives, and it establishes the intended parents as the parents and the surrogate and her spouse or partner as not parents, so the intended parents can be listed on the birth certificate.
The definitions
Sets out the key terms. An intended parent is an individual, married or unmarried, who intends to be legally bound as the parent of a child born through assisted reproduction. A gestational carrier is a woman who is not an intended parent and who agrees to carry a genetically unrelated embryo under a written assisted reproduction agreement. A traditional surrogate, who uses her own egg, is defined separately.
Where the money is held
A surrogacy agency that is not a law firm must direct its clients to deposit their funds into an independent, bonded escrow account or an attorney's trust account, may not have a financial interest in the escrow company, and the funds can only be paid out as the agreement and the fund management agreement provide.
What the agreement requires, and what follows
This is the operative section. The agreement states the date it was signed, where the eggs and sperm came from (or, with donated gametes, which were donated), who the intended parents are, and how the intended parents will cover the medical expenses of the carrier and the newborn, including a review of any health coverage. Before signing, the surrogate and the intended parents each have their own separate, independent licensed attorney. The signatures are notarized or witnessed by an equivalent method, and no embryo transfer or injectable medication for a transfer begins until the agreement is fully executed. Once it is, the statute says the court shall issue a judgment establishing the intended parents' parentage on a party's petition and proof of compliance, before or after the birth, and the court file is not open to public inspection.
A note on accuracy. The agreement rules described here are written for gestational carriers, where the surrogate is not genetically related to the child. Traditional surrogacy, where the carrier uses her own egg, is defined separately in the statute and is not what these agreement rules address. We work in gestational surrogacy. Your own California attorney confirms how the statute applies to your match.
How does surrogacy work in California?
Every match moves at its own pace, but the path is the same. Here is what it looks like from your first conversation with us to the day the baby comes home.
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First conversation and application
You tell us where you are and what you want, and we explain how this works for your situation. Surrogates complete an application; intended parents talk through goals, timing, and the kind of match they hope for. No medical details are needed yet.
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Screening
Surrogates complete medical and psychological screening, including medical records review and a clinic evaluation. Intended parents and any donors are screened as needed. This protects everyone and is the stage where eligibility is confirmed.
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Matching
We introduce a surrogate and intended parents who fit each other on values, expectations, communication style, and the practical things, like contact during pregnancy and views on tough medical decisions. You decide together whether to move forward.
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Legal contracts with independent counsel
The surrogate and the intended parents each retain their own separate, independent attorney, as California's statute requires, and the notarized agreement is fully signed before any injectable medications or the embryo transfer begin. This is also when compensation and expenses go into writing, with the funds held in an independent escrow account or an attorney's trust account.
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Embryo transfer and pregnancy
The fertility clinic handles the medical cycle and the embryo transfer. Once pregnancy is confirmed, prenatal care continues with the surrogate's medical team, and your coordinator stays close to both sides throughout.
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Pre-birth order and birth
During the pregnancy, the attorneys file the parentage action, which the statute allows before the birth. The judgment establishes the intended parents as the parents and may be entered before the birth, with enforcement stayed until the baby arrives, so the intended parents can be listed on the birth certificate and the family goes home together.
Requirements to become a surrogate in California
These are the general guidelines most surrogacy programs follow, ours included. They are a starting point, not a verdict. The only way to know for certain is a conversation and a medical review.
Are between about 21 and 38 years oldThe range can flex based on your health history.
Have given birth before and are raising a child of your ownAgencies and clinics look for prior pregnancy experience.
Had healthy, full-term pregnancies and deliveriesReviewed with your medical records during screening.
Are in good general healthConfirmed through a clinic medical evaluation.
Live in a stable home with reliable supportA partner, family, or friends you can lean on.
Do not smoke or use illicit drugsAsked about and reviewed as part of screening.
Are a U.S. citizen or lawful permanent residentHelps keep the legal process clean and predictable.
Have a stable income, not relying on cash assistanceSo compensation is genuinely yours to keep.
Wondering about a c-section, a tubal ligation, anxiety, or PCOS? Those questions come up often and the answer is usually more nuanced than a yes or no. We would rather talk it through than turn you away on a checklist. Our surrogate eligibility guide answers them condition by condition, the become a surrogate page has the full picture, or just reach out.
A California agency, run from the Inland Empire
We are not a national brand running a California page from somewhere else. Our home office is in Rancho Cucamonga, and we have built relationships with fertility clinics, reproductive attorneys, and screening providers across the state since 2015.
Being here means we know the California clinics and counties, we can meet in person when you want to, and the person who picks up the phone is part of the team that walks your whole process. We coordinate the clinics, the legal counsel, and the screening so the pieces fit together. We welcome LGBTQ+ families and single parents.
11989 Arrow Route, Rancho Cucamonga, CA 91739
(626) 528-6868
California surrogacy, answered
Is surrogacy legal in California?
California sets gestational surrogacy out directly in state law.
The Family Code sets out what a gestational carrier agreement must contain, requires separate, independent attorneys for the surrogate and the intended parents, and treats an agreement executed as the statute requires as presumptively valid. It also provides for a judgment establishing the intended parents' parentage, which may be issued before the child is born. We welcome married, unmarried, LGBTQ+, and single intended parents. For the fuller breakdown, see our surrogacy law guide.
What are the requirements to be a surrogate in California?
In general, you are roughly 21 to 38, have given birth before and are raising a child, have had healthy pregnancies, are in good health, do not smoke, and have a stable home.
Those are starting guidelines, not a final answer. Final eligibility is confirmed through a personal conversation and a medical and background screening, because individual history matters more than any single box on a list. You can read the full set above or on our become a surrogate page.
How does the surrogacy process work in California?
It moves through six stages: first conversation and application, screening, matching, legal contracts with independent counsel, embryo transfer and pregnancy, then a pre-birth order and birth.
The legal step follows California's statute: the surrogate and the intended parents each have their own separate, independent attorney, and the notarized agreement is fully signed before any injectable medications or the embryo transfer begin. Later, your attorneys file the parentage action, which the statute allows before the birth, for a judgment establishing the intended parents as the parents so they can be listed on the birth certificate.
Get started in California
It starts with a conversation, from wherever you are in California. We listen first, then show you exactly what comes next.