Legal
What Your Surrogate Contract Actually Covers — In Plain Language
February 5, 2026 · 9 min read · On Fertility Ground Surrogacy
The Gestational Surrogacy Agreement (GSA) is a binding contract governed by California Family Code Section 7962. You have your own independent attorney — paid for by the Intended Parents.
What the GSA Covers
- Compensation: Every component locked in and cannot be reduced once signed
- Medical decisions: Belong to you and your physicians. Intended Parents cannot direct your care.
- Parental rights: Intended Parents established as legal parents via Pre-Birth Order
- Health insurance: Intended Parents responsible for all pregnancy-related expenses
- Selective reduction: Both parties' positions documented; ultimate decision remains with you
- Confidentiality: Both parties protect each other's information
- Communication: Expected contact frequency and methods documented
What the GSA Cannot Require
- Cannot require you to undergo any procedure you refuse
- Cannot require medical decisions against your judgment
- Cannot require carrying a pregnancy that endangers your life
- Cannot waive your right to mental health support
- Cannot prevent independent legal counsel
From Our Founder
Bree — Founder & CEO, On Fertility Ground
I remember the first time I read a Gestational Surrogacy Agreement in full. It took me three passes to understand all of it. I kept thinking: what woman is going to sign this without someone walking her through every single line?
California law requiring the surrogate to have her own independent attorney exists precisely because of that problem. But the law requiring it and a woman actually understanding what her attorney is protecting are two different things. This article exists in the gap between those two.
If you are going through the GSA process right now and something does not make sense — ask your attorney. Ask again. Do not sign anything you do not fully understand.
— Bree | info@onfertilityground.com
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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.