Become a Surrogate in California
California requires your gestational carrier agreement to be fully executed and notarized before an embryo transfer or any injectable medication in preparation for one, requires you and the intended parents to each have separate independent counsel of your own choosing before signing, and establishes parentage through a confidential pre-birth court judgment rather than an adoption. From 1 July 2026, Rule of Court 5.78 requires the notarized agreement and declarations from both attorneys and your fertility physician to be lodged with the court.
Who qualifies in California
Generally: at least 21 years old, at least one healthy full-term pregnancy and delivery, currently raising your own child, a completed medical evaluation and mental health consultation, non-smoker, and a healthy BMI. Several requirements are reviewed case by case — answer honestly and we will talk to you rather than screen you out.
Compensation
At On Fertility Ground you set your own base rate. Most first-time surrogates set between $60,000 and $70,000, plus allowances and full coverage of medical and legal costs. We never negotiate your rate down.
See if I qualify in California →
Read the full California surrogacy law guide · Estimate your compensation · How surrogacy works with OFG
General education, not legal advice. California Family Code §§ 7960–7962 as reviewed September 2026 and subject to change. Every journey includes your own independent attorney licensed in your state.
Is surrogacy legal in California?
Yes. Compensated gestational surrogacy is legal in California and governed by California Family Code §§ 7960–7962. California requires your gestational carrier agreement to be fully executed and notarized before an embryo transfer or any injectable medication in preparation for one, requires you and the intended parents to each have separate independent counsel of your own choosing before signing, and establishes parentage through a confidential pre-birth court judgment rather than an adoption. From 1 July 2026, Rule of Court 5.78 requires the notarized agreement and declarations from both attorneys and your fertility physician to be lodged with the court.
How much do California surrogates get paid?
At On Fertility Ground you set your own base compensation rate — most first-time surrogates set a base between $60,000 and $70,000, and experienced surrogates set higher. On top of base compensation you receive monthly allowances, maternity clothing, travel, childcare and lost wages, plus full coverage of all medical and legal costs.
Do I need my own lawyer in California?
Yes. California requires you to have independent legal representation throughout the arrangement, and the intended parents pay for your attorney. Never use the intended parents’ lawyer as your own.
Do I have to live in a big city?
No. We support surrogates in San Francisco, Oakland, San Jose, Sacramento, Fresno, Los Angeles and San Diego and across California, as well as nationwide. Your medical care happens close to home.