Gestational Surrogacy Step-by-step

by Shelley M. Tarnoff

1. Select agency/IVF Clinic/attorney


2. Complete Intended Parent medical/psychological screening


3. Matching with gestational carrier

   a. Similar expectations re contact during pregnancy and post birth; alignment re major issues (abortion/reduction, etc.)

   b. Good communication; positive interactions; healthy lifestyle 


4. Complete Gestational Carrier medical/psychological screening


5. Vetting of Gestational Carrier’s medical insurance policy/purchase of new policy


6. Contract Process – drafting of surrogacy agreement (CA Family Code §7962 requires date of execution, identification of gamete providers (unless anonymous), identification of intended parent(s),  disclosure of how the child’s post birth medical expenses will be paid, separate legal representation for the parties; notarization required; agreement executed before commencement of cycle injections or, if no injections, before the embryo transfer procedure.


7.  Fund escrow account – gestational carrier’s fee and projected expenses

(CA Family Code §7961(a))


8. Purchase life insurance policy for gestational carrier


9. IVF cycle calendar – commencement of IVF cycle


10. Legal action to establish parentage (initiated at approximately 15 weeks gestation)


11. Draft hospital plan (optional - includes who will be present at birth, etc.)

12. Certified judgment submitted to delivering hospital


13. Obtain child’s birth certificate (usually available 1-2 weeks post birth) and passport

     (if needed)


14. Return of escrow balance to parents after fulfillment of financial obligations

Information provided on this website and in the articles is intended only to provide information and is not to be construed as formal legal advice, nor does it establish any type of attorney-client relationship.  We invite you to contact us for a free initial consultation.

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