Surrogacy Requirements in California

Clear and friendly surrogacy agency requirements in California make the state one of the most supportive and legally structured regions for gestational surrogacy in the United States, offering legally protected contracts and medical screening standards that ensure the safety of both surrogates and intended parents. Whether applicants are exploring surrogacy options or comparing agencies and clinics, California provides a transparent and well–regulated pathway for women who want to help families grow.

With professional guidance from Babytree Surrogacy, candidates are matched based on eligibility, including medical approval, psychological readiness, and compliance with surrogacy requirements in the state of California, ensuring a smooth and secure journey from application to delivery. By following structured California requirements for surrogacy, surrogates receive protection, compensation clarity, wellness support, and legal assurance from day one.

Surrogacy Requirements in California – Babytree Surrogacy

Surrogacy in California is a carefully regulated process designed to protect both surrogates and intended parents. Understanding the California surrogacy requirements—covering legal and insurance obligations, surrogacy age requirements, medical and residency criteria—is essential for a smooth and successful journey. At Babytree Surrogacy, one of the top rated surrogacy agencies in California, we guide surrogates and intended parents through every step of the California surrogacy process, ensuring compliance with California surrogacy laws and helping families navigate their assisted reproduction in California options safely and confidently.

Legal and Insurance Requirements for Surrogacy in California

California Surrogacy Laws and Legal Requirements

  • California law requires independent legal counsel for both surrogates and intended parents, ensuring compliance with California surrogacy laws.

  • Surrogacy contracts must be signed and notarized before embryo transfer (Family Code §7962).

  • Following California requirements for surrogacy protects all parties and is a mandatory part of the California surrogacy process.

Insurance Requirements for Surrogates in California

  • While surrogates are not required to personally hold pregnancy insurance, SB 257 (2025) mandates insurers to offer coverage for fertility treatments and pregnancy related to surrogacy, supporting assisted reproduction in California.

  • Agencies and intended parents must ensure a valid insurance policy or supplemental plan is secured before embryo transfer, meeting cali surrogacy requirements.

  • Babytree Surrogacy assists intended parents and surrogates in navigating California fertility clinic surrogacy requirements and securing proper coverage.

Gestational Surrogacy Process in California

  • Independent legal counsel for all parties, as required by California surrogacy laws.

  • Signed and notarized surrogacy contract prior to embryo transfer.

  • Medical clearance and psychological screening to ensure health and emotional readiness, meeting California fertility options and requirements for surrogacy in California.

  • Filing for pre-birth parentage orders is recommended as part of the surrogacy process in California.

  • All medical evaluations follow FDA guidelines for reproductive tissue and IVF procedures, supporting assisted reproduction in California.

  • Babytree Surrogacy provides guidance on California surrogacy requirements, including variations across different U.S. states.

  • Surrogates are provided guidance on surrogate compensation California, ensuring fair and transparent compensation throughout the process.

Eligibility Requirements for Surrogates in California

Medical History and Pregnancy Experience

  • Surrogates must be in good physical health, maintain a BMI within clinic guidelines, and be free from serious medical conditions, fulfilling surrogacy in California requirements.

  • Must have at least one prior healthy, full-term pregnancy and currently raising that child.

  • Surrogates undergo comprehensive medical screening, including:

    • Reproductive health exams

    • Infectious disease testing

    • General wellness assessments

    • Psychological evaluation, ensuring readiness for surrogacy in Californian regions.

C-Section Limits for Surrogates in California

  • Most California programs allow up to three prior C-sections.

  • A fourth C-section is considered only with strict medical clearance and obstetrician approval, following ASRM guidelines.

  • Evaluations focus on uterine integrity and overall health to minimize risks, satisfying surrogacy requirements in the state of California.

Surrogacy Age Requirements

  • Most programs require surrogates to be 21–38 years old, aligning with surrogacy age requirements in California.

  • Healthy candidates in their early 40s may qualify with medical approval, depending on individual evaluations.

  • Age screening ensures minimized pregnancy risks and a safe journey in the California surrogacy process, fully complying with surrogacy age requirements.

Residency Requirements for Surrogates in California

  • Surrogates must be legally residing in the U.S. (citizens, permanent residents, or holders of lawful long-term visas).

  • They do not need to live in California, as long as:

    • The surrogacy contract and birth occur in California

    • California Family Code §7960–7962 is followed

  • Surrogates from any U.S. state can carry for intended parents under California surrogacy laws, meeting surrogacy agency California requirements.

Health and Lifestyle Requirements for Surrogates in California

  • Surrogates should maintain a healthy lifestyle to support pregnancy, aligning with requirements for surrogacy in California.

  • Babytree Surrogacy ensures surrogate mother in California meet all medical, legal, and insurance standards, complying with surrogacy in CA requirements before embryo transfer.

Understanding Surrogacy Laws and Requirements in California

In California, surrogacy is governed by clear laws and requirements to ensure that assisted reproduction in California is safe, legal, and fair for all parties. The rules, mainly in California Family Code sections 7960–7962, set the framework for California surrogacy, including how surrogacy agencies and facilitators operate and how gestational carrier contracts must be structured.

Surrogacy facilitators and agencies


A “surrogacy or donor facilitator” under California requirements for surrogacy is any person or organization (excluding licensed attorneys) that advertises or coordinates surrogacy in California. These facilitators must follow strict rules: they cannot give legal advice, which must be provided by California-licensed attorneys, ensuring that the California surrogacy process is legally sound.

Contract requirements


The surrogacy process in California requires a written gestational carrier agreement signed and notarized before any embryo transfer. Each party—intended parents and surrogate—must have independent legal counsel, and the contract must clearly outline how medical and related expenses will be covered. Meeting these California surrogacy requirements allows the contract to be enforceable and protects both the surrogate and intended parents.

Parentage and legal protections


When all California fertility clinic surrogacy requirements are met, courts routinely issue pre-birth parentage orders, recognizing intended parents as the legal parents at birth, even without a genetic connection. California’s surrogacy laws are designed to protect all family types, including single parents, unmarried couples, and LGBTQ+ parents, while providing clear guidance for surrogacy options in California, the surrogacy process in California, and procedures for those who wish todonate eggs in California.

California surrogacy requirements FAQ

How long does it take to get approved for surrogacy?

Getting “approved” for surrogacy in California—meaning intake is complete, you’re matched with a surrogate, and everyone has medical, psychological, and basic legal clearance—typically takes about 2–4 months after formally starting with an agency (assuming embryos are already ready). This includes intake and onboarding (about 1–6 weeks), matching (often 2–8 weeks), and medical/psych screening (around 4–8 weeks). Once these steps are finished, you’re usually considered ready for an embryo transfer.

How to get approved for surrogacy?

To get approved as a surrogate, you must meet core medical and lifestyle requirements—typically being 21–40, having had at least one healthy full-term pregnancy, maintaining a healthy BMI, parenting your own child, and living in a surrogacy-friendly area. You’ll also need to show a stable, substance-free lifestyle, pass background checks for you and other adults in your home, and demonstrate a safe living environment. If you meet these basics, you then complete medical exams, lab work, a uterine evaluation, and psychological screening to receive full clearance.

Whose sperm is used in surrogacy?

In surrogacy, the sperm can come from one of the intended parents or a donor, depending on the family and medical situation. Heterosexual couples often use the male partner’s sperm with either the intended mother’s eggs or donor eggs. Single men and male couples typically use one partner’s sperm with donor eggs. If there are fertility issues or no male partner, clinics use donor sperm from a sperm bank or a known donor, following medical and legal screening.

Who is eligible for surrogacy in California?

In California, most adults who are medically, psychologically, and legally able can participate in surrogacy. Intended parents must be at least 18, mentally competent, and financially stable—there are no restrictions on marital status, gender, or sexual orientation, and donor gametes are allowed. Surrogates generally must be 21–40, have had at least one uncomplicated full-term pregnancy, be in good health with a medically acceptable BMI, pass background checks, and have stable housing. Both parties must sign a gestational carrier contract with independent legal counsel before any embryo transfer.

What is the age limit for surrogacy?

In surrogacy, age limits differ for surrogates and intended parents. Surrogates are generally adults between 21 and 40, though some programs may accept healthy women up to 45 on a case-by-case basis. Intended parents usually have no strict legal upper limit, but many U.S. programs work with ages roughly 21–50, sometimes allowing older parents individually if they are healthy and well-supported.