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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.

Apply to Become a Surrogate

With professional guidance from BabyTree, candidates are matched based on eligibility — including medical approval, psychological readiness, and compliance with California Family Code requirements — 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.

Who Can Become a Surrogate

Eligibility Checklist

BabyTree applies these screening criteria to every surrogate candidate. Meeting all of them does not guarantee a match, but missing any one of them will pause your application until it is resolved.

  • ✓
    Age 21–40 at intake (upper end requires additional medical clearance).
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    At least one prior full-term, uncomplicated pregnancy and delivery — you are currently raising a child of your own.
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    No more than 2 prior C-sections (3+ evaluated case-by-case with the fertility clinic).
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    Clinic-approved BMI (typically 18–30), in overall good health, non-smoker, no drug use.
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    U.S. citizen, national, or lawful permanent resident with documented legal status.
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    Stable living situation and a strong personal support system (partner / family / friends).
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    Willing to complete independent medical, psychological, and background screening.

How the Approval Process Works

Three phases from initial application to fully cleared and matched, typically 2–4 months when embryos are already prepared.

  1. 1

    Phase 1

    Apply

    Complete the BabyTree application. We review your medical history, lifestyle, prior pregnancies, and goals — a coordinator reaches out within a few business days.

  2. 2

    Phase 2

    Medical & psychological screening

    Medical records review, in-person OB physical and clearance, and an independent licensed psychological evaluation confirm pregnancy and surrogacy are a healthy choice for you right now.

  3. 3

    Phase 3

    Contract & legal

    You receive your own independent attorney (paid by the intended parents). Your contract covers compensation, expectations, medical decisions, and California parentage protections before any cycle begins.

The Legal Framework

Understanding California Surrogacy Law

California surrogacy is governed by clear law — mainly California Family Code sections 7960–7962 — which sets the framework for safe, legal, and fair assisted reproduction for all parties. The code defines what a "surrogacy or donor facilitator" can and cannot do, requires gestational carrier agreements to be in writing and signed before any medical procedures, and provides pre-birth parentage orders so intended parents' names appear on the birth certificate at delivery.

Both you (the surrogate) and the intended parents must be represented by independent attorneys — paid through the surrogacy program — before any contract is signed. The contract spells out compensation, expectations, medical decisions, communication, and what happens if circumstances change. This structure is why California is considered one of the safest U.S. jurisdictions for gestational surrogacy.

What California's Law Protects

California's gestational surrogacy framework is built around four structural protections that work together to make surrogacy safe for everyone involved.

  • California Family Code §7960–7962

    Strong, well-established gestational surrogacy law explicitly recognizes and protects surrogacy contracts in writing — among the clearest legal frameworks in the United States.

  • Insurance & medical costs covered

    Intended parents cover all pregnancy-related medical, prenatal, and delivery costs through a surrogacy-eligible insurance plan or escrow-funded cash-pay arrangement. You have no out-of-pocket medical exposure.

  • Independent psychological screening

    A licensed mental health professional not employed by the agency evaluates your emotional readiness, support system, and informed consent before matching begins.

  • Pre-birth parentage order

    California allows a pre-birth or parentage order so intended parents are legally recognized before delivery. Your name does not appear on the birth certificate as a parent.

California Surrogacy Requirements — FAQ

Common questions women ask before applying to become a surrogate with BabyTree. Tap to expand the answer.

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 can move into embryo transfer and pregnancy as a clinically and contractually approved party.
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 U.S. state. You then complete agency screening, a fertility clinic medical workup (blood tests, ultrasound, infectious disease screening), and an independent psychological evaluation. After medical and psychological clearance, you are matched with intended parents, and once everyone signs a surrogacy contract reviewed by independent attorneys, you are fully approved to begin embryo transfer.
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 intended fathers and gay male couples may use one partner’s sperm with donor eggs, while families with male-factor infertility may choose a sperm donor. The choice is documented in the legal contracts so parental rights, screening, and consent are clearly established before treatment begins.
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 individuals and couples (including LGBTQ+) are welcome. For surrogates, eligibility typically includes being 21–40, in good general health, having had at least one healthy full-term pregnancy, parenting your own child, maintaining a healthy lifestyle and BMI, and living in a stable home environment. Both sides must complete medical, psychological, and background evaluations before being approved to move forward.
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 upper age limit, but most agencies and clinics expect them to be in reasonable health and able to actively parent—commonly under 55 or 60 at the time of matching. Specific requirements may vary by program, fertility clinic, and state law, with medical and psychological evaluations confirming readiness to take on the surrogacy journey.

Think you qualify? Let's talk.

Apply today and a BabyTree coordinator will confirm your eligibility and walk you through the next step — there is no obligation, and you can ask anything.

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