top of page

Gestational Surrogacy Step-by-step

by Shelley M. Tarnoff

1. Select agency (if applicable)/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. Review 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, disclosure regarding payment of gestational carrier's medical expenses and possible liabilities, separate legal representation for the parties; notarization required; agreement executed before commencement of cycle medications.


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

bottom of page