A Guide to Surrogacy in California
California is an amazing state for surrogacy! Surrogacy is legal in California and Brownstone Surrogacy is proud to work with surrogates in California, intended parents in California, and some of the Golden State’s best fertility clinics. Our Director of Surrogate Services, Yesenia, is an experienced surrogate based in California, so Brownstone is well positioned to provide you local expertise!
Brownstone Surrogacy supports local surrogates and intended parents from all the wonderful parts of California: from Los Angeles to San Francisco, San Diego to Sacramento. Learn more about the surrogacy process in California and then take our short quiz to find out if you qualify!
Step 1: Make Sure You Meet the Requirements to Become a Surrogate in California
To be a surrogate in California, you should:
- Be between 21 and 42 years old
- Have a body mass index (BMI) between 18 and 32
- Have a history of full-term, uncomplicated pregnancies
- Have had no more than 5 deliveries or 3 c-sections
- Be a U.S. citizen or legal permanent resident living in California
- Not smoke or vape or have a history of drug or alcohol abuse
- Not be treated for or on medication for serious depression or anxiety or another psychological disorder
- Be financially stable and not receiving government cash assistance
If you want to know more about whether you would qualify to be a surrogate in California, take our short quiz or contact us.
Step 2: Educate Yourself about Being a Surrogate in California
Surrogacy is not a quick and easy process, but it will be one of the most rewarding things you do in your life. There are countless parents (including many in California) who turn to surrogates each year to build their families because of repeated pregnancy losses, devastating cancer diagnoses, or an inability to have a biological family any other way (i.e., same-sex male couples).
It’s important to understand exactly what to expect from the surrogacy process in California, from screening to matching to contracts to pregnancy. You can read more about each step here. If you have specific questions that are not answered on our extensive FAQ page, please reach out to us. An experienced surrogate on our team will clarify things and walk you through the process.
Step 3: Choose a Licensed California Surrogacy Agency
Surrogates in California – whether in Fresno, Newport Beach, Carlsbad, or Oakland – should always work with a reputable, licensed surrogacy agency. Brownstone Surrogacy is one of a select group of surrogacy agencies nationwide licensed by the government, so you have the peace of mind knowing that we operate according to the highest ethics and standards.
We can match you with intended parents in California and provide truly local support. We know the fertility clinics, doctors, and mental health professionals local to California and the surrogacy lawyers with deep expertise in the state’s laws. Your agency should empower you – not make decisions for you. At Brownstone, we are your trusted advocates and we practice surrogacy the right way.
Step 4: Choose an Experienced California Surrogacy Lawyer
Once you are matched with intended parents, you will need to select an experienced surrogacy lawyer to form a contract. Our attorney-led agency stands ready to refer you to the best surrogacy lawyers in the state, including Amira Hasenbush, Rose Pondel, Gregg Field, Shelley or Dan Tarnoff, and Ralph Tsong.
At Brownstone, we are attuned to the details of California’s surrogacy law and make sure you know your rights. With Brownstone you can also expect:
- 24/7 support at every step of the process
- Mental health counseling paid for by the intended parents
- Life insurance providing a benefit of $750,000 paid for by the intended parents
With the right surrogacy agency and surrogacy lawyer in your corner, you’ll always have folks that are advocating for you.
How Much Do Surrogates Get Paid in California?
As a surrogate in California, you have the opportunity to earn at least $70,000 and up to $90,000 or more.
Surrogates help determine compensation and benefits, but here is what is typical:
- Base compensation: $60,000 – $75,000+
- Monthly expense allowance: $3,900 ($300 per month for an average of 13 months)
- Automatic bonuses and fees: Over $4,000
- Potential compensation: Variable
- Guaranteed support:
- Life insurance with $750,000 coverage for your beneficiaries
- An attorney of your choice
- At least $1,000 in mental health support
- All travel expenses paid for you and a companion
- Independent escrow management to ensure your compensation, reimbursements, and medical expenses are paid in full and on time
- 24/7 support from our dedicated team
Learn more on our compensation page.
Why Choose Brownstone to Support Your Surrogacy Journey in California
Surrogacy is personal for us. Our founder Jarret and his husband became fathers to two girls through surrogacy and Yesenia, our Director of Surrogate Services, is an experienced gestational surrogate—born and bred in California! Our passion for surrogacy goes even deeper than our own experiences: The Brownstone team is dedicated to ensuring that families have a personal experience. We get to know you and your family, your story, and your goals and hopes for this surrogacy journey. You’ll have our cell phone numbers and our promise to provide true support every step of the way.
A Guide to Surrogacy Laws in California
California’s surrogacy law — outlined in the California Family Code §§ 7960–7962 — makes compensated gestational surrogacy fully legal and one of the most clearly defined in the United States. California’s surrogacy laws provide strong protections for both surrogates and intended parents and set out several key requirements:
- A written surrogacy agreement must be executed and notarized before any embryo transfer or medical procedures related to the surrogacy take place.
- Both the surrogate and the intended parents must have independent legal counsel, ensuring that each party’s rights and obligations are fully protected.
- Pre-birth parentage orders are available through California courts, allowing intended parents—whether single, married, unmarried, or same-sex—to be recognized as the legal parents from birth.
California’s comprehensive and inclusive laws make it one of the most supportive states in the nation for both surrogates and intended parents pursuing family building through surrogacy.
What Does Surrogacy Cost in California?
The total estimated cost of a surrogacy journey in California is around $175,000 though it can fluctuate.
Expected costs of the surrogacy process:
- Surrogate compensation (base and automatic): $60,000 – $75,000+
- Surrogate compensation (variable): $1,000 – $20,000+
- Agency fee: $50,000
- Attorneys’ fees: $10,000 – $12,000
- Insurance fees and out-of-pocket medical expenses: $6,000 – $30,000+
- Escrow, travel, and other miscellaneous expenses: $3,000 – $10,000
- Total Average Cost of Surrogacy: $140,000 – $200,000 (excluding fertility clinic expenses)
Brownstone’s all-inclusive agency fee covers:
- Management of your entire journey, from start to finish
- All costs of surrogate recruitment and screening
- All costs of intended parent screening
- Coordination of the embryo creation process, as needed
- Coordination of unlimited IVF or transfer cycles
- Free rematch services if your surrogate is disqualified, withdraws, or has three unsuccessful transfers
- Personal, knowledgeable, and compassionate support
How To Find a Surrogate in California
If you are an intended parent looking for a surrogate in California, Brownstone Surrogacy can help. We proudly work with the many excellent fertility clinics throughout the State of California, including San Diego Fertility Center, RMA of Northern California, Pacific Fertility Center (PFC), Pinnacle Fertility (formerly California Fertility Partners (CFP)), Los Angeles Reproductive Center, Spring Fertility, and Dr. Aimee Eyvazzadeh.
Find Out More about the Process for Surrogates
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Brownstone Surrogacy is licensed as a surrogacy matching program by the New York State Department of Health. Our license number is GS221023. We are proud to be among the few agencies licensed by a governmental regulator.
“Gestation is a marvel, no matter how it is accomplished. But gestation isn’t the real magic. Love is the magic. Love is the only magic.” – Early: An Intimate History of Premature Birth and What It Teaches Us About Being Human by Sarah DiGregorio