Surrogacy Requirements in California
California is one of the most supportive states for gestational surrogacy. To qualify as a surrogate in California, you must meet medical, legal, and personal criteria to ensure the safety of both the surrogate and the intended parents. Working with Babytree Surrogacy, a trusted surrogacy agency in California, ensures you understand all legal requirements and receive full support throughout the process. Surrogates should have a big heart and a kind and generous nature, and also meet the following requirements: age, residency, prior pregnancy, BMI, health and lifestyle, family support, and medical history.
Age Requirements for Surrogates in California
Most California surrogacy programs require candidates to be 21–38 years old, although healthy women in their early 40s may also qualify. Meeting the California surrogacy age requirements is essential to minimize pregnancy risks and ensure a successful surrogacy journey. Babytree Surrogacy screens all candidates carefully to ensure age compliance and safety.
Residency Requirements for California Surrogates
Surrogates must be legally residing in the United States, including citizens, permanent residents, or holders of lawful long-term visas, but do not need to live in California. California Family Code §7960–7962 applies as long as the surrogacy contract and birth occur in the state. California law allows surrogates from any U.S. state to carry for intended parents, as long as contracts comply with state regulations and the birth occurs in California. Babytree Surrogacy guides surrogates through legal compliance regardless of state of residence.
Gestational Surrogacy Process and FDA / Nationwide Considerations
The gestational surrogacy process in California includes independent legal counsel, signed contracts before embryo transfer, psychological screening, and medical clearance. Babytree Surrogacy ensures all medical evaluations follow FDA guidelines for reproductive tissue and IVF procedures, and helps surrogates and intended parents understand how requirements may vary across the U.S. while maintaining California legal compliance. These steps ensure a safe and supported journey for all parties.
Health and Lifestyle Requirements for Surrogates in California
– While California law doesn’t mandate surrogates personally hold pregnancy insurance, SB 257 (2025) ensures insurers offer coverage for fertility and pregnancy related to surrogacy. Babytree Surrogacy agency works with intended parents to secure valid insurance or supplemental plans before embryo transfer.- California law requires independent legal counsel for both surrogate and intended parents, and contracts must be signed and notarized before embryo transfer (Family Code §7962).- Compliance with California legal standards protects all parties and is part of Babytree Surrogacy’s standard process.
Legal and Insurance Requirements for California Surrogates
– While California law doesn’t mandate surrogates personally hold pregnancy insurance, SB 257 (2025) requires insurers to offer plans covering fertility and pregnancy related to surrogacy. Agencies and intended parents must ensure a valid policy or supplemental plan is secured before embryo transfer.- California law requires independent legal counsel for both surrogate and intended parents, and the contract must be signed and notarized before embryo transfer (Family Code §7962).- Compliance with California’s legal standards protects all parties and is a fundamental California surrogacy legal requirement.
Gestational Surrogacy Process and Requirements in California
The gestational surrogacy process includes independent legal counsel, signed contracts before embryo transfer, psychological screening, medical clearance, and filing for pre-birth parentage orders (recommended). Following these California surrogacy process requirements ensures a safe and supported journey for surrogates and intended parents.
Medical History and C-Section Limits for California Surrogates
At Babytree Surrogacy, we ensure all surrogates meet strict California surrogacy requirements designed to protect both the surrogate and the baby. Surrogates must be in good physical health, maintain a BMI within clinic guidelines, and be free from serious medical conditions. A key prerequisite is having had at least one prior healthy, full-term pregnancy and currently raising that child, ensuring understanding of the physical and emotional demands of pregnancy.
Most California programs allow up to three prior C-sections, with a fourth considered only under strict medical clearance and obstetrician approval, following ASRM guidelines. The evaluation focuses on uterine integrity and overall health to minimize risks such as uterine rupture or placental complications.
Surrogates also undergo comprehensive medical screening, including reproductive health exams, infectious disease testing, general wellness assessments, and mandatory psychological evaluation to confirm emotional readiness.