How to Become a Surrogate in California

Why California is a strong state for surrogates

California's surrogacy law is older and more tested than almost anywhere else in the US. Three things stand out for a surrogate:

• Legal clarity. Pre-birth parentage judgments are routine. The intended parents are the legal parents when the baby arrives. You are never asked to give up a child, because the child was never legally yours.
• Compensation. Base pay with our partner agencies starts at $60,000 for a first journey. Typical totals with allowances and contingent fees run $72,000–$95,000+. Base is guaranteed; the rest depends on what happens in your journey.
• A deep pool of intended parents. California draws intended parents from across the US and abroad. More families looking usually means a faster match and a better fit.

The trade-off is tax. California taxes income, and the no-tax states (Texas, Florida, Nevada) let a surrogate keep more of the same number. We cover that below.

California surrogate requirements

California agencies use the same core screen as agencies everywhere, with a little local flexibility. The full list of surrogate requirements explains the reasoning behind each one. For California specifically:

• Age 21–39 for a first journeySome agencies extend to 42 for experienced surrogates. Ask — the cutoff is agency policy, not state law.
• BMI under 32Some clinics accept up to 34. This is a clinic decision, and it can vary by intended parents' clinic.
• At least one healthy, full-term pregnancy and delivery
• Raising at least one child of your own
• Non-smoker, no drug use, no alcohol misuse
• Financially stable — not currently receiving cash public assistance (TANF)
• A partner, family member, or friend who backs your decisionAgencies want to know someone can drive you to appointments and help at home.
• California residency helps but isn't required by statuteFam. Code §7962(e) lets a California court hear the case if the baby is expected to be born here, an intended parent or the surrogate lives here, the transfer happens here, or the agreement was signed here. Cross-state matches are possible — ask the agency.

California surrogacy law at a glance

The California surrogacy legal process

The 1993 California Supreme Court decision in Johnson v. Calvert (5 Cal.4th 84) held that the people who intended to create and raise the child are its legal parents. That is 33 years — more than three decades — of settled precedent, later written into statute by AB 1217 in 2013 as Family Code §7960–7962. Here's how it plays out for you:

1. Gestational carrier agreement. You and the intended parents each have your own attorney. §7962 requires the agreement to be signed before you start medications or transfer. Your attorney is paid by the intended parents.
2. Medical protocol. Screening, medications, and embryo transfer at the intended parents' clinic — usually in California, though not always.
3. Pregnancy confirmation. Blood test about 10–14 days after transfer. Base pay typically starts once a heartbeat is confirmed.
4. Parentage petition. §7962(f) lets the action be filed before the baby is born. Attorneys commonly file in the second trimester; timing varies by county and attorney.
5. Judgment before delivery. California courts usually enter the judgment on the paperwork, without a hearing. The hospital gets a copy before you deliver.
6. Delivery. The hospital treats the intended parents as the legal parents. Their names go on the birth certificate.

You'll hear California called "the easiest state" for this. It's fair to say the process is well-worn and predictable. It still involves real contracts and a real court filing, and an attorney who does this every week is the person to walk you through it.

California surrogate compensation

Two numbers matter, and they're different. Base pay is the guaranteed amount, paid in installments once a heartbeat is confirmed. Typical total adds allowances (monthly stipend, maternity clothes) and contingent fees that only pay out if something happens — a transfer attempt, a C-section, twins, bed rest. Here's California against the national partner range:

See how California compares to every state for the full table, and how a compensation package is built for what each line item means.

California taxes

California taxes income, and surrogate compensation is generally treated as taxable. The 13.3% top rate you'll see quoted applies only to very high incomes; at surrogate pay levels your effective state rate is lower, but it is not zero. Set aside a share of every payment for federal and state tax, and talk to a CPA who has handled surrogacy compensation. Our surrogate taxes guide walks through what's usually taxable and what usually isn't.

Your two California partner agencies

Two agencies in our network work with California surrogates. Both publish their rates, both run independent escrow, and both pay for your own attorney. They differ in size, style, and where they're based.

A rough fit: Family Tree for a first journey where you want hands-on support and a San Diego home base; NewGen for an experienced surrogate focused on base pay. Our California agencies page compares the two side by side.

Where California surrogates live

You can be a surrogate from anywhere in the state. Where you live mostly changes how much you drive.

• Los Angeles and Orange County. The largest concentration of IVF clinics in the state, so monitoring appointments are usually local. Traffic is the real logistics problem — early-morning monitoring across town adds up.
• San Diego. Family Tree's home base, with several clinics in the county. Many San Diego surrogates never leave the county for medical care.
• Bay Area. Good local clinic options, plus many intended parents. Some matches still send you to a Southern California clinic for screening and transfer; the agency pays travel.
• Sacramento and the Central Valley. Fewer clinics, so expect some travel for screening and transfer. Local monitoring is usually arranged at a clinic near you once you're pregnant.

Fertility clinics in California

The intended parents' clinic is where your screening and transfer happen. You don't pick it; the match does. Established IVF clinics in California include HRC Fertility (Los Angeles, Pasadena, Newport Beach, San Diego), Reproductive Partners Medical Group (Redondo Beach), Pacific Fertility Center (San Francisco), Southern California Reproductive Center (Beverly Hills, Santa Barbara, Ventura), and Fertility Specialists Medical Group (San Diego). Ask the agency which clinics they work with most, and how far you'd travel for monitoring.

Typical California timeline

1. Months 0–3

   Application and screening

   Application, records request, background check, medical and psychological screening. Two to three months is normal.

2. Months 3–6

   Matching

   One to four months. California's deep pool of intended parents tends to shorten this.

3. Months 6–7

   Legal contract

   Four to six weeks with your own attorney. Escrow is funded before you start medications.

4. Months 7–9

   Medications and transfer

   One to two months. Often more than one attempt; each attempt pays a transfer fee.

5. Months 9–18

   Pregnancy

   Base pay in monthly installments after heartbeat. Parentage petition filed mid-pregnancy.

6. +1–2 months

   Delivery and postpartum

   Final payment, postpartum allowance where offered, recovery.

Total: roughly 15–18 months for a first journey, 14–16 for an experienced surrogate. California sits at the shorter end of the national range because the legal phase is predictable.

What California surrogates wish they'd known

• Taxes come out of your number. Most surrogates set aside 20–25% of each payment for federal and state tax. Nobody withholds it for you.
• Monitoring is a part-time job for a few weeks. Before transfer, expect ultrasounds and bloodwork two or three times a week, often first thing in the morning. Line up childcare early.
• Travel is paid, but it's still travel. Screening and transfer often mean a trip to Los Angeles or San Diego with an overnight stay. The agency covers flights, hotel, mileage, and a companion. Lost wages are reimbursed only if your contract says so — ask.
• Base pay starts after heartbeat, not after signing. Between contract and heartbeat you receive allowances and transfer fees, not base. Budget for the gap.
• You should never be out of pocket. All four partner agencies report $0 out-of-pocket for approved expenses. If a bill lands on you, call your case manager the same day.

Frequently asked questions