Being a gestational carrier can be a life-changing experience, and there are many considerations to keep in mind, including legal, financial, and personal issues. The California Family Code Section 7962 requires that a gestational carrier agreement be executed before the beginning of the surrogacy process. It is a legally binding document that defines parental rights and financial responsibilities of the arrangement before any medical procedures are performed.
It also states that the child has no biological connection to the gestational carrier and that the intended parents will be given legal custody at birth. The legal system in California provides clear, transparent protection for all parties. This guide will cover the details of surrogate compensation, eligibility, legal rights, and more related to becoming a gestational carrier in Los Angeles.
Understanding Surrogate Compensation
The financial aspects of a clear surrogacy process should be transparent, secure, and predictable, and involve a third-party escrow service. California standards offer full base fees and milestone payments, allowances, and medical liability coverage to minimize financial risk from screening to postpartum recovery for gestational carriers.
First-Time and Experienced Gestational Carrier Base Pay Structures
The base compensation is the base of the financial package that a gestational carrier receives. California law does not specify minimum or maximum compensation. Rather, Section 7962 of the California Family Code stipulates that the terms of payment and compensation should be outlined in the written surrogacy agreement before any medical procedures.
The pay for first-time gestational carriers in California is usually between $55,000 and $70,000. The actual cost, however, will depend on the surrogacy agency, the carrier's qualifications, and the terms of the gestational carrier agreement. Experienced gestational carriers often receive higher compensation based on their previous successful surrogacy journeys and experience. Typically, the total base compensation is split into equal monthly payments that start once the pregnancy is verified.
There are also additional allowances and reimbursements, such as maternity clothing, travel, lost wages, or medical-related expenses, paid separately as outlined in the agreement. The intended parents generally fund these payments through an independent escrow account, providing financial security for everyone involved.
Structured Timeline of Payments and Milestone Instalments
Your payment schedule is outlined in your gestational carrier agreement before any medical procedures begin. Under California Family Code Section 7962, the agreement should be signed before embryo transfer or the start of injectable fertility treatments, and it should clearly state the compensation, payment schedule, and fund management terms.
While payment milestones vary by agency and individual agreement, many surrogacy programs provide compensation at key stages of the journey. These may include payments after medical and legal clearances, monthly installments of the base compensation once the pregnancy is confirmed, and the final balance after delivery. All payments are typically managed through an independent escrow account to ensure they are made in accordance with the agreement's terms.
Additional Compensation Stipends and Contingency Fees
In addition to your compensation, your ultimate legal benefits package ensures that you do not have to pay any out-of-pocket costs. The California Family Code Subsection 7962(a) requires that your agreement include the terms for covering medical costs. Still, the terms for other expenses, such as clothing or housekeeping allowances, are not required by law and are negotiated between the parties.
Depending on your surrogacy agreement, you may receive these extra payments at different stages of your journey, from matching with intended parents to your recovery after giving birth. Discretionary allowances, such as maternity clothing, travel, lost wages, and other approved expenses, are typically paid separately from a gestational carrier’s base compensation. The payment terms are outlined in the surrogacy agreement.
Separating these payments helps ensure that compensation and reimbursements are clearly documented and disbursed through the escrow account as agreed by the parties. California law also requires the gestational carrier and the intended parents to have separate, independent legal counsel before signing the agreement. This ensures that each party receives independent legal advice and understands their rights and obligations.
Managing Medical Insurance Policies and Pregnancy Out-of-Pocket Costs
The requirement to have health care coverage is a legal requirement under California Family Code 7962(a)(4). This provision mandates that the health care policy be reviewed before giving medication for a surrogate pregnancy. A written disclosure should also be made on coverage terms, carrier liability, third-party liability, liens, and notice requirements.
This is not a mandate to provide formal legal advice in the review. But it ensures that the gestational carrier understands the insurance terms and any financial obligations before entering the surrogacy process. The intended parents are responsible for all co-pays, deductibles, and prescriptions for your surrogate pregnancy.
You should review your health insurance policy before entering the surrogacy process to determine coverage limits, potential out-of-pocket costs, and any notification requirements that may impact your benefits. You should also discuss these matters early so that the gestational carrier and the intended parents can be aware of their financial obligations. These actions will help lessen the chances of any unexpected medical expenses throughout the surrogacy process.
Frequently Asked Questions About Compensation and Lifestyle for Surrogates
If you are a prospective surrogate or intended parent, you may have questions about your eligibility, medical requirements, lifestyle, and what it will mean to you to become a surrogate. Understanding these factors will help you be ready for IVF and surrogacy, follow the clinic’s rules and legalities, and avoid any surprises.
Can You Become a Gestational Surrogate If Your Tubes Are Tied?
Yes, even women who have had their fallopian tubes tied can become a gestational carrier. Tubal ligation does not have a significant impact on your ability to carry a pregnancy, as there is no use of your own eggs or fallopian tubes during gestational surrogacy. Rather, a fertility expert embeds an IVF-created embryo directly into your uterus.
Your fallopian tube status is not a factor in establishing the legal validity of a gestational carrier agreement under California Family Code Section 7962. However, there are medical requirements that the fertility clinic will have that you need to meet, such as an overall health assessment and a safe pregnancy assessment.
What Are the BMI Requirements for Gestational Surrogacy?
BMI requirements are set at fertility clinics to guarantee safety and to increase the success of transfers. The California Family Code does not have any statutory restrictions on surrogate weight or BMI. However, being at a healthy weight decreases physical pregnancy problems such as gestational diabetes or preeclampsia.
Every IVF clinic will have its own BMI criterion, which is a medical assessment and cannot be negotiated. Assessments can be done on BMI, medical history, previous pregnancies, physical examination, and other health factors. By meeting the requirements of the clinic, you can help ensure a safer pregnancy journey and help your medical team decide if you are able to receive final medical clearance.
Are There Intimacy and Dietary Restrictions During a Surrogate Pregnancy?
You should follow all the rules of a normal prenatal diet, including no alcohol, no smoking, and no recreational drugs. The California Family Code 7962 does not mandate what you eat or do daily.
There are guidelines, however, for sexual activity during a surrogate pregnancy, depending on the recommendations of your fertility clinic and your own health. In some clinics, you might be advised not to have sex around the time of embryo transfer or during some treatment phases to help the IVF process.
Your health care provider may recommend that you refrain from sexual activity for a period of time as a precaution during pregnancy if there are any complications, including bleeding. You should follow your fertility specialist’s and prenatal care team’s medical advice during your surrogacy process.
How Much Travel Is Needed, And How Can Your Partner Help You During The Surrogacy Journey?
The distance you have to travel for the surrogacy process will vary depending on where the fertility clinic is located, your planned medical appointments, and the intended parents’ location. Your Gestational Carrier agreement should outline essential travel expectations, such as travel costs and clinical visits. If the fertility clinic is not close to you, you might have to travel for medical screening, embryo transfer, and other appointments. The number of trips depends on your particular medical care plan and surrogacy agreement.
The fertility clinician may require your spouse or partner to undergo some medical tests as part of the IVF procedure. This may be useful for screening for infectious diseases. The screening requirements are not mandated by California law but rather by medical guidelines and clinic policies.
Your spouse or domestic partner will usually sign the agreement and legal documents. This can help to set the record straight that they will not take parental rights to the child that is born in the surrogacy process.
How Much Travel Is Required, and How Can Your Partner Support You During the Surrogacy Journey?
The amount of travel required during the surrogacy process depends largely on the location of the fertility clinic, as well as your scheduled medical appointments and the intended parents' location. Your gestational carrier agreement should include essential expectations for travel, including travel-related expenses and clinical visits. If the fertility clinic is not close to you, you might have to travel for medical screening, embryo transfer, and other appointments. The number of trips will vary based on your specific surrogacy agreement and medical care plan.
The fertility clinician may require your spouse or partner to undergo some medical tests as part of the IVF procedure. This can help screen for infectious diseases. The screening requirements are based on medical guidelines and clinic policies, not California law.
Your spouse or domestic partner will typically need to sign the gestational carrier agreement and legal paperwork. This can help establish that they will not assume parental rights to the child born in the surrogacy process.
Does Government Assistance Reduce Your Qualifications to be a Gestational Surrogate?
California law does not automatically bar a person from serving as a gestational carrier solely because they receive public assistance. But there are some surrogacy agencies or fertility clinics that may have their own monetary requirements for eligibility.
Surrogate compensation may be considered income, which may impact the eligibility for certain means-tested public assistance programs, depending upon the program’s rules and the financial situation of your household.
If you receive government benefits, it is crucial to report any income as required by your benefits program. You should also speak with your benefits administrator or a qualified financial or legal professional to understand how surrogacy compensation may affect your eligibility.
Find a Reputable Surrogacy Agency Near Me
Choosing surrogacy is a life-changing decision that requires emotional commitment, careful planning, and trusted legal guidance. Having experienced professionals by your side can make the process more secure, transparent, and easier to navigate. At Bliss Surrogacy Los Angeles, we are committed to providing caring guidance, legally compliant surrogacy programs, and personalized support throughout the entire process.
We help protect your financial interests through independently managed escrow accounts and assist you through each medical, legal, and logistical milestone. Whether you are an intended parent looking to grow your family or a gestational carrier hoping to help others, our experienced team is here to support you with confidence and care. Contact us today at 310-218-1110 to schedule a consultation.