Become a Surrogate in California: Requirements, Pay and Process

Becoming a surrogate in California can be a meaningful way to help an individual or couple grow their family while receiving compensation and support throughout the journey.

There are several ways to become a surrogate. You can work with a surrogacy agency, pursue an independent arrangement, connect with intended parents through personal contacts, or even find potential matches through social media groups. However, many surrogates choose to work with an agency because an experienced agency can help coordinate screening, matching, medical care, legal agreements, compensation, escrow, travel, communication with intended parents, and other parts of the journey. View Reference: ACOG: Family Building Through Gestational Surrogacy

This article focuses on becoming a gestational surrogate through a surrogacy agency, using Surrogate Steps’ process and requirements as an example.

Requirements, compensation, and the exact process can vary somewhat from agency to agency. Fertility clinics may also have their own requirements. The information below uses Surrogate Steps’ current requirements and compensation structure as a real-world example. Your requirements and compensation may be different.

Quick Answer: How Do You Become a Surrogate in California?

The basic process is:

1. Apply and complete surrogate screening
2. Match with intended parents
3. Finalize the gestational carrier agreement with your own attorney
4. Take fertility medications and undergo an embryo transfer
5. Carry the pregnancy and deliver the baby

That is the basic roadmap. Each step includes additional screening, medical, legal, and practical details.

Apply to become a surrogate

What Is Gestational Surrogacy?

In gestational surrogacy, the surrogate carries a pregnancy created using an embryo through in vitro fertilization (IVF).

The embryo is created using an egg and sperm from the intended parents or donors. The surrogate does not provide the egg used to create the embryo. As a result, she is not genetically related to the child she carries. View Reference: CDC: ART Glossary

This is different from traditional surrogacy, in which the woman carrying the pregnancy also provides the egg. View Reference: ACOG: Family Building Through Gestational Surrogacy

Learn more about gestational surrogacy

What Are the Requirements to Become a Surrogate in California?

Surrogacy requirements vary somewhat from agency to agency. Medical professionals, fertility clinics, and agencies may also have their own screening standards.

For that reason, there is no single checklist that every surrogate must meet.

At Surrogate Steps, applicants generally must:

• Be 23 to 43 years old
• Have given birth to at least one child without significant pregnancy or delivery complications
• Have had their most recent birth within the past 10 years
• Have a BMI between 18 and 38
• Be in good general and reproductive health
• Have no history of drug or alcohol abuse
• Not currently use tobacco or marijuana
• Have a strong support system
• Be willing to travel
• Not receive Section 8 housing assistance
• Live in a state where Surrogate Steps can facilitate a surrogacy journey
• Be a U.S. citizen or lawful permanent resident
• Have no felony record, including within the household

See all current Surrogate Steps surrogate requirements

You will also need to complete the required medical, psychological, background, and other screening.

These are Surrogate Steps’ requirements, not universal California requirements. Other agencies and fertility clinics may use somewhat different standards.

ASRM recommends that gestational carriers be legal adults, preferably between ages 21 and 45, have ideally experienced at least one term, uncomplicated pregnancy, have adequate support, and complete appropriate medical and psychosocial evaluation. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

Do You Have to Have Had a Baby Before Becoming a Surrogate?

Generally, yes.

A previous pregnancy and delivery gives the fertility clinic important information about your pregnancy history. ASRM recommends that a gestational carrier ideally have had at least one term, uncomplicated pregnancy before becoming a carrier. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

At Surrogate Steps, having previously given birth without serious pregnancy or delivery complications is a requirement.

What Age Do You Have to Be to Become a Surrogate?

Age requirements vary by agency.

At Surrogate Steps, applicants generally must be 23 to 43 years old.

ASRM recommends that gestational carriers be legal adults and preferably between 21 and 45. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

Can You Become a Surrogate if You Live Anywhere in California?

California residents can apply to become a surrogate through Surrogate Steps.

Your location can affect parts of the journey, including the fertility clinic you use, travel requirements, and compensation.

California also has a detailed legal framework for gestational surrogacy, including requirements for gestational carrier agreements and a process for establishing the intended parents’ legal parentage. View Reference: California Family Code § 7962

Read our California surrogacy laws guide

Step 1: Apply and Complete Surrogate Screening

The first step is to apply to become a surrogate.

An initial application generally asks questions about your age, pregnancy history, health, lifestyle, family situation, and other basic eligibility requirements.

If you meet the initial criteria, you may complete a more detailed questionnaire and provide medical records.

At Surrogate Steps, the screening process can include:

• Detailed pregnancy and medical history
• Medical-record review
• OB-GYN pregnancy clearance
• Background screening
• Psychological evaluation
• Home study
• Fertility-clinic medical screening

The goal is not simply to determine whether you qualify. It is also to make sure you understand what a surrogacy journey involves before you move forward.

Learn more about the surrogate process

Step 2: Match With Intended Parents

Once you have completed the initial screening, the next major step is finding intended parents who are a good fit for you.

Matching is not simply about an intended parent choosing a surrogate.

You should have the opportunity to review information about the intended parents, discuss important expectations, and decide whether you feel comfortable moving forward.

A match meeting, often by video call, gives both sides a chance to get to know each other before making a final decision.

You may want to discuss:

• Communication during pregnancy
• Prenatal appointment involvement
• Delivery-room preferences
• Views about medical decisions
• Prenatal testing
• Travel
• Breast milk
• Future contact
• Compensation and other expectations

You should never feel pressured to accept a match that does not feel right for you.

At Surrogate Steps, prospective surrogates have a say in who they match with.

Learn more about intended parents

Step 3: Finalize the Gestational Carrier Agreement

After you and the intended parents agree that you would like to work together, the legal process begins.

A gestational carrier agreement, sometimes called a surrogacy agreement, is the legal contract between the surrogate and intended parents.

It establishes the parties’ rights and responsibilities during the journey. It can address compensation, reimbursements, medical expenses, insurance, communication, delivery plans, parental rights, medical decision-making, and many other issues. Gestational Carrier Agreement

You will have your own independent attorney to review and negotiate the agreement on your behalf.

California law requires the surrogate and intended parents to have separate independent licensed attorneys before executing the agreement. The agreement must also be signed and properly notarized or witnessed. View Reference: California Family Code § 7962

Learn more about gestational carrier agreements

Why Does the Agreement Need to Be Signed Before Medical Treatment?

California Family Code § 7962 requires the agreement to be fully executed before the parties undergo an embryo transfer or the surrogate begins injectable medication in preparation for an embryo transfer. View Reference: California Family Code § 7962

This means the major legal and financial terms should be settled before you begin the medical process that establishes the pregnancy.

Step 4: Take Fertility Medications and Undergo an Embryo Transfer

After legal clearance, you can begin the fertility clinic’s treatment protocol.

Fertility medications help prepare your uterus for the embryo transfer. The exact medications and timing depend on the fertility clinic and your individual treatment plan.

An embryo transfer is the procedure in which a fertility doctor places an embryo into the uterus. The embryo is transferred through the cervix into the uterus after IVF. View Reference: CDC: ART Glossary

Importantly, the embryo used in gestational surrogacy is not created from your own egg. You are carrying a pregnancy that is not genetically related to you. View Reference: ACOG: Family Building Through Gestational Surrogacy

After the transfer, the fertility clinic will monitor you and perform pregnancy testing to determine whether the transfer resulted in a pregnancy.

Step 5: Carry the Pregnancy and Deliver the Baby

Once the pregnancy is established, you continue with regular prenatal care.

Your agency can help coordinate communication with the intended parents, reimbursements, appointments, travel, and other parts of the journey.

Your OB-GYN or other pregnancy-care provider remains responsible for your medical care.

The intended parents may also participate in parts of the pregnancy, depending on the expectations you agreed upon during matching and the terms of your gestational carrier agreement.

Eventually, you will deliver the baby.

After delivery, the intended parents will take on their role as the child’s parents according to the legal process established for the journey.

How Does California Surrogacy Law Protect the Surrogate?

California has a specific statutory framework for gestational carrier agreements.

California Family Code § 7962 establishes requirements for the agreement, including identifying the intended parents, addressing how medical expenses will be covered, requiring separate independent attorneys, and requiring proper execution of the agreement. View Reference: California Family Code § 7962

The law also allows an action to establish the parent-child relationship between the intended parents and the child to be filed before the child’s birth. When the statutory requirements are met, a court order can establish the intended parents’ legal parentage and establish that the surrogate and her spouse or partner are not parents of the child. View Reference: California Family Code § 7962

This is one reason the legal stage of a California surrogacy journey is so important. The agreement, independent attorneys, and parentage process work together to establish the legal framework for the journey.

Because surrogacy law can change and individual circumstances matter, your own reproductive-law attorney should advise you about your specific journey.

Read our California surrogacy laws guide

How Much Do Surrogates Make in California?

Surrogate compensation varies from agency to agency and from one match to another.

At Surrogate Steps, base compensation starts at $45,000 for first-time or inexperienced surrogates.

Many surrogates receive higher base compensation. Previous surrogacy experience, location, temporary market factors, and the details of the particular match can all affect the amount.

As a general example, Surrogate Steps increases base compensation by about $5,005 for each prior successful surrogacy experience. The final compensation package is also based on the specific match and is agreed upon by the prospective surrogate and intended parents.

A completed journey can include additional payments beyond base compensation, so total surrogate pay can be higher than the starting amount.

Qualifying expenses such as travel, childcare, medical costs, and lost wages may be reimbursed separately. Reimbursements are different from money earned as surrogate pay.

For the full breakdown of base compensation, additional payments, reimbursements, and payment timing, see our surrogate pay and compensation guide.

What Does a Surrogacy Agency Do for a California Surrogate?

You can pursue surrogacy without an agency.

However, agency-assisted surrogacy can provide a central point of coordination throughout the journey.

An experienced agency may help with:

• Initial screening
• Medical-record review
• Matching
• Intended-parent communication
• Fertility-clinic coordination
• Psychological and home-study screening
• Legal referrals and coordination
• Compensation and escrow coordination
• Travel arrangements
• Medical and pregnancy support
• Reimbursements
• Communication during the pregnancy
• Postpartum support

This can make the process easier to manage because you are not responsible for coordinating every part of the journey yourself.

ACOG notes that surrogacy arrangements can involve agencies and other professionals who help coordinate aspects of the process. View Reference: ACOG: Family Building Through Gestational Surrogacy

How Long Does It Take to Become a Surrogate?

There is no single timeline for every surrogate.

The initial application and screening can move relatively quickly. Matching can take longer because both you and the intended parents need to find a good fit.

After a match, medical screening, psychological screening, the home study, legal negotiations, and clinic scheduling must be completed before the embryo transfer.

The pregnancy itself then lasts about nine months.

The overall process can therefore take many months from application through delivery.

Your timeline may also change if you need additional medical testing, a rematch, another embryo-transfer cycle, or other services.

Do You Have to Be Genetically Related to the Baby?

No.

In gestational surrogacy, the surrogate does not provide the egg used to create the embryo.

The embryo may use the intended mother’s egg, a donor egg, the intended father’s sperm, donor sperm, or donated embryos. The specific genetic relationship depends on the intended parents’ reproductive plan.

The key point for the surrogate is that you carry the pregnancy without providing the egg that created the embryo. View Reference: CDC: ART Glossary

Do Surrogates Get to Choose the Intended Parents?

You should have a meaningful role in deciding whether you want to move forward with a match.

A typical agency-assisted process involves reviewing information about potential intended parents, discussing important expectations, and meeting before both sides make a final decision.

If you are uncomfortable with a proposed match, you should be able to say no.

At Surrogate Steps, prospective surrogates have control over who they match with.

Do Surrogates Have Their Own Attorney?

Yes.

In California, the surrogate and intended parents must have separate independent licensed attorneys before executing the gestational carrier agreement. View Reference: California Family Code § 7962

Your attorney represents you.

Your attorney should explain the agreement, answer your questions, negotiate terms when necessary, and make sure you understand your rights and responsibilities before you sign.

The intended parents’ attorney represents the intended parents.

This independent representation is an important part of a properly structured surrogacy journey.

Who Pays for the Surrogate’s Attorney?

The intended parents generally pay for the surrogate’s independent attorney as part of the surrogacy arrangement.

The important point is that payment for the attorney does not mean the attorney represents the intended parents. Your attorney’s job is to represent your interests.

What Happens if the First Embryo Transfer Does Not Work?

An embryo transfer does not always result in an ongoing pregnancy.

If another transfer is needed, the process may involve another round of fertility medications, monitoring, and an additional embryo transfer.

Compensation for failed transfers, medication starts, additional transfers, and other events depends on the compensation package and gestational carrier agreement.

For the detailed payment rules, see our surrogate pay guide.

Is Becoming a Surrogate the Same as Being Pregnant With Your Own Baby?

No.

A gestational surrogate carries a pregnancy for the intended parents and does not provide the egg used to create the embryo.

The pregnancy can still involve many of the same physical experiences as any other pregnancy. You may experience morning sickness, fatigue, physical changes, prenatal appointments, labor, delivery, and postpartum recovery.

The major difference is the purpose of the pregnancy and the legal and medical framework surrounding it.

Is Becoming a Surrogate Right for Everyone?

No.

Surrogacy is a significant physical, emotional, and time commitment.

Before applying, it is worth learning about the process, talking with your family or support system, and understanding the medical and legal commitments involved.

ASRM recommends appropriate medical and psychosocial evaluation and counseling for gestational carriers. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

Read our surrogate FAQs

Frequently Asked Questions About Becoming a Surrogate in California

How Do I Become a Surrogate in California?

The basic process is to apply, complete screening, match with intended parents, finalize the gestational carrier agreement with your own attorney, undergo fertility treatment and an embryo transfer, and then carry and deliver the baby.

How Much Do California Surrogates Get Paid?

At Surrogate Steps, base compensation starts at $45,000 for first-time or inexperienced surrogates, although many surrogates receive more. Experience, location, temporary market factors, and the details of the match can affect the final amount.

A completed journey can also include additional payments, so total surrogate pay can be higher than the base compensation.

See our surrogate pay and compensation guide for the complete breakdown.

What Are the Requirements to Become a Surrogate in California?

At Surrogate Steps, applicants generally must be 23 to 43, have a recent uncomplicated birth history, have a BMI between 18 and 38, be in good health, meet lifestyle and background requirements, have a strong support system, and be willing to travel.

See all current surrogate requirements

Does a Surrogate Use Her Own Egg?

No.

In gestational surrogacy, the embryo comes from the intended parents or donors. The surrogate carries the pregnancy but does not provide the egg. View Reference: CDC: ART Glossary

Does California Allow Paid Surrogacy?

Yes. California provides a statutory framework for gestational carrier agreements and parentage, and compensated gestational surrogacy is permitted under California law. View Reference: California Family Code § 7962

Does a Surrogate Need Her Own Lawyer in California?

Yes.

California law requires the surrogate and intended parents to have separate independent licensed attorneys before executing the gestational carrier agreement. View Reference: California Family Code § 7962

When Does a Surrogate Become Pregnant?

Pregnancy is established through an embryo transfer. The fertility clinic transfers an embryo into the surrogate’s uterus after the required medical and legal steps have been completed. View Reference: CDC: ART Glossary

Can I Become a Surrogate if I Already Know the Intended Parents?

Yes. A surrogacy arrangement can involve people who already know each other, such as a friend or family member.

However, the parties should still complete appropriate medical, psychological, and legal screening and use a properly drafted gestational carrier agreement.

Can I Become a Surrogate Without an Agency?

Yes.

Some people pursue independent surrogacy or work directly with someone they already know. An agency is not the only way to arrange a surrogacy journey.

However, this article focuses on agency-assisted surrogacy because an agency can coordinate many of the medical, legal, financial, and logistical parts of the journey.

The Bottom Line: How to Become a Surrogate in California

Becoming a surrogate in California does not have to be confusing.

The process can be simplified into five major steps:

1. Apply and complete surrogate screening
2. Match with intended parents
3. Finalize the gestational carrier agreement with your own attorney
4. Take fertility medications and undergo an embryo transfer
5. Carry the pregnancy and deliver the baby

Behind those five steps are medical screening, psychological evaluation, background checks, legal review, fertility treatment, compensation planning, and ongoing support.

At Surrogate Steps, requirements and compensation are based on the agency’s current standards. Other agencies may have somewhat different requirements, compensation packages, and processes.

When you are ready, apply to become a surrogate.