The Legal Foundation of Every Journey

The surrogate's total base compensation, payment schedule, and the escrow account from which payments are made. In California, base compensation for first-time surrogates typically starts at $50,000; experienced surrogates earn more. All compensation flows through a neutral third-party escrow.

Monthly allowances cover expenses incurred during the pregnancy — maternity clothing, travel to medical appointments, childcare during appointments, and similar costs. These are reimbursements for actual surrogate expenses, not additional compensation.

If a physician places the surrogate on bed rest or she cannot work due to a pregnancy-related medical condition, the agreement specifies how lost income is calculated and reimbursed. This provision protects the surrogate from financial harm caused by the pregnancy.

Additional compensation for specific medical events — invasive procedures, multiple-embryo pregnancies that continue to term, C-section delivery, or other defined medical circumstances. These amounts are negotiated and specified precisely in the agreement.

Under California law (AB 1217), the surrogate retains the right to make all decisions about her own medical care. The gestational agreement cannot override this. The agreement typically establishes a framework for consultation and communication between the surrogate and the intended parents on major decisions.

If multiple embryos implant and develop, the agreement addresses the parties' agreed positions on selective reduction. This is one of the most carefully negotiated clauses. The surrogate's position must be genuinely hers — attorneys ensure no coercion has taken place.

The agreement addresses the parties' respective positions on termination in specific circumstances — fetal anomaly, medical necessity, or others. As with selective reduction, the surrogate's ultimate medical decision rights cannot be contracted away. This clause establishes agreed expectations, not binding obligations on the surrogate.

The agreement specifies who is responsible for the surrogate's health insurance coverage during the pregnancy, and requires the intended parents to obtain a life insurance policy on the surrogate for the duration of the arrangement. Both protections are typically funded by the intended parents.

The surrogate acknowledges she has no genetic connection to the child (in a gestational arrangement) and confirms her intention to relinquish any claim to parental rights. This is the legal foundation for the pre-birth order that will be filed during the pregnancy.

Both parties agree to cooperate fully with the pre-birth order process — signing required documents, appearing if required by the court, and taking all steps necessary to ensure the intended parents are named as legal parents on the birth certificate.

The agreement specifies how disagreements between the parties will be resolved — typically through mediation first, then arbitration if mediation fails. Litigation is the last resort. California courts apply California law to any dispute.

California law governs the agreement. This is why it matters where your surrogate lives and delivers — the governing law clause ensures California's surrogacy protections apply to your arrangement regardless of where the intended parents reside.

The agreement establishes expectations for communication — how frequently, through what channels, and in what circumstances intended parents may be in contact with the surrogate and attend appointments. These terms vary widely based on the preferences of both parties.

The surrogate agrees to certain travel limitations during pregnancy — typically no international travel and no domestic travel beyond a certain distance from her medical providers after a defined gestational age.

Both parties agree to maintain appropriate confidentiality about each other's personal information and the terms of the arrangement. The scope of this clause is tailored to what the parties are comfortable with.

If the parties wish to maintain contact after birth, the agreement may include an informal framework for that relationship. Unlike adoption open-contact agreements, this is not court-enforceable — it reflects the mutual intentions of both families.