California Surrogacy Contracts Explained: Legal Protections, Requirements, and What to Expect

Published on Friday September 19th, 2025 by West Coast Surrogacy

Surrogacy is one of the most meaningful journeys intended parents and surrogates can share. In California, that journey is supported by some of the most comprehensive surrogacy laws in the nation. At the heart of every surrogacy arrangement is the contract—a document that does more than outline legal terms. It creates clarity, protects everyone’s rights, and builds a foundation of trust from the very beginning.

What Is a Surrogacy Contract?

Surrogacy is transformative for both the intended parents and the gestational carrier. A surrogacy contract ensures that all parties understand their rights and responsibilities as they navigate this process. The contract should be drafted by separate attorneys for both the surrogate and the intended parents to ensure fair representation. If you utilize a surrogacy agency, they'll also be available to help you through the legalities of third-party reproduction, advocating for what's important to you.

Key Components of a California Surrogacy Contract

Surrogacy contracts can vary by state and specific circumstances. Generally, a comprehensive gestational surrogacy contract should include the following key sections:

  • Compensation: It's essential to outline the base compensation for the surrogate, which is typically negotiated and paid monthly once pregnancy is confirmed. Additionally, provisions should be included for extra compensation related to medical events, such as cesarean deliveries or complications.
  • Medical care: The contract should detail the responsibilities regarding medical care, including which party will cover medical expenses and the process for selecting healthcare providers.
  • Medical decision-making: It's necessary to establish a process for making medical decisions that prioritizes the surrogate's health and the baby's well-being, especially in the case of an emergency.
  • Confidentiality: Key clauses should specify how personal information will be managed, ensuring peace of mind for all parties involved.
  • Parental rights: This section affirms that the intended parents are recognized as the legal parents from the outset.
  • Representative's responsibilities: To build trust and accountability, it's vital to clearly outline the surrogate's responsibilities, including following medical advice and guidance on lifestyle choices.
  • Legal representation: All parties should have independent legal counsel to review the agreement, protecting their rights and emphasizing the importance of informed consent.
  • Escrow arrangements: This section outlines the financial arrangements, including the use of an escrow account for managing payments and reimbursements.
  • Dispute resolution: If disagreements arise during the pregnancy, the contract should include a mechanism for resolving disputes, thereby preventing legal complications.

Why Choose California for Surrogacy?

California is an ideal destination for surrogacy due to its established gestational surrogacy laws that protect all parties involved. The state has a welcoming attitude toward diverse families and boasts a large pool of potential surrogates. California courts have a long history of recognizing and enforcing surrogacy contracts. Additionally, California is home to many experienced professionals in the surrogacy field, including fertility clinics, attorneys, and agencies. These resources help ensure a happy, healthy, and successful surrogacy journey.

Finding a Reputable Surrogacy Team in California

As exciting as the surrogacy journey is, it can be complex and challenging, even in a surrogacy-friendly state like California. Regardless of your role in the process, it’s important to have a supportive surrogacy team that can answer your questions, ensure you have proper legal representation, and support you every step of the way.

At West Coast Surrogacy, we prioritize transparency, trust, and personalized care for both intended parents and surrogates in California. We guide you through every step of the surrogacy process, including legal matters, ensuring you receive proper representation from experts in fertility law. If you have any questions about surrogacy or wish to start your journey, contact us today.