Surrogacy Law in California


Intended parents may enter into contracts regardless of their marital status. In addition, a person acting as a gestational surrogate may be compensated for beyond reimbursement of expenses incurred.

State law addresses many of the rights of the gestational surrogate, and the law states that surrogacy contracts must specify how the intended parents will cover medical costs of both the gestational carrier and of the newborn(s). intended parents will be required to open an escrow account for disbursement of the payments to the gestational surrogate; this account must be managed by an attorney if a non-attorney agency is involved. The only funds which do not require management under escrow are those paid directly to medical or mental health providers.

For single intended parents, surrogacy contracts are also enforceable by law.