How long does the surrogacy process take in California?

The entire surrogacy journey typically takes 12-18 months from initial consultation to birth, depending on various factors including matching time and medical procedures.

What are the California surrogacy requirements to become a surrogate?

To become a surrogate in California, you must be between 21-40 years old, have had at least one successful pregnancy, maintain a healthy BMI, be a non-smoker, and live in a stable environment.

How much does surrogacy cost in California?

Total surrogacy journey costs typically range from $150,000 to $230,000+, including agency fees ($42,500), surrogate compensation, medical expenses, legal fees, insurance, and escrow. Every dollar is accounted for before you commit.

How much compensation do surrogates receive?

At On Fertility Ground, surrogates set their own base compensation rate — your worth, your choice. We never negotiate your rate down. Additional benefits include maternity clothing ($750-$1,000), monthly expense allowance ($250/month), embryo transfer fees, and more.

Legal

The Baby M Case: How One Custody Battle Changed Surrogacy Forever

April 2, 2026 · 8 min read · On Fertility Ground Surrogacy

In 1986, a traditional surrogacy arrangement in New Jersey became the most publicized custody case in American history — and permanently changed how surrogacy is practiced in the United States.

What Happened

William and Elizabeth Stern contracted with Mary Beth Whitehead to carry a child conceived through artificial insemination using William Stern's sperm. After giving birth, Whitehead refused to relinquish the baby, claiming maternal rights.

The Court Ruling

The New Jersey Supreme Court ruled the surrogacy contract unenforceable but awarded custody to the Sterns based on the child's best interests. Whitehead was granted visitation rights as the biological mother.

Why It Matters

Exposed the legal risks of traditional surrogacy (genetic connection to the surrogate)
Led directly to the development of gestational surrogacy as the preferred model
Prompted states — especially California — to create clear statutory frameworks
Established that surrogacy contracts needed legal oversight and independent counsel

The Legacy

Every protection in modern gestational surrogacy — Pre-Birth Orders, independent attorneys, escrow accounts, the separation of genetics from gestation — exists in part because of what went wrong in the Baby M case.

From Our Founder

Bree — Founder & CEO, On Fertility Ground

I include the Baby M case in our educational content because I believe every woman considering surrogacy — and every intended parent — should understand where the legal protections come from.

The reason you have an independent attorney is because of Baby M. The reason California requires a written agreement before any medical procedure is because of Baby M. The reason gestational surrogacy separates genetics from gestation is because of Baby M.

That case was painful. And the protections it produced are real.

— Bree | info@onfertilityground.com

Ready to Learn More?

Whether you're considering surrogacy as a surrogate or an intended parent, we're here to answer every question personally.

Become a Surrogate Intended Parent Inquiry

Email us at info@onfertilityground.com — We answer every inquiry personally.