Gestational Surrogacy Agreement (GSA) Legal Guide — California
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The Gestational Surrogacy Agreement: A Legal Guide for Both Parties

April 5, 2026 · 10 min read · On Fertility Ground Surrogacy

The Gestational Surrogacy Agreement: A Legal Guide for Both Parties

The Gestational Surrogacy Agreement (GSA) is the legal foundation of every surrogacy journey. Governed by California Family Code Section 7962, it protects both parties.

What It Covers

  • Compensation (locked in, cannot be reduced)
  • Medical decisions and bodily autonomy
  • Parental rights and Pre-Birth Order
  • Health insurance and medical expenses
  • Selective reduction positions
  • Confidentiality
  • Communication expectations
  • Termination provisions

Independent Attorneys

Each party has their own attorney. The surrogate's attorney fees are paid by the Intended Parents. Neither attorney represents both parties.

What It Cannot Require

The GSA cannot require the surrogate to undergo any refused procedure, waive her right to counsel, make decisions against her medical judgment, or carry a pregnancy that endangers her life.

B

From Our Founder

Bree — Founder & CEO, On Fertility Ground

I want to tell you what I tell every surrogate before she starts the GSA process: the contract is long. Your attorney is going to walk you through it and it is going to take time. Do not rush it. Every hour you spend understanding what is in that contract is an hour that protects you for the next 12 to 18 months.

Take the time. Ask all the questions. Sign only when you understand every word.

— 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.

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

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