Who is financially responsible for the costs of surrogacy?

On Behalf of | Feb 4, 2024 | Fertility Law |

In California, surrogacy arrangements are governed by specific laws and regulations. Understanding who bears the financial responsibility for related costs is crucial for anyone considering surrogacy as a path to parenthood.

Surrogacy involves a surrogate mother carrying and giving birth to a child for another person or couple, known as the intended parents. The financial aspects of these arrangements are typically detailed in a surrogacy agreement, which outlines the responsibilities and expectations of both parties. These contracts must be executed in accordance with California law.

In California, intended parents generally bear the financial costs of the surrogacy process. These costs can be substantial and cover a wide range of expenses.

Medical and healthcare costs

The most significant portion of surrogacy costs involves medical expenses. This includes fertility treatments like in vitro fertilization (IVF), prenatal care, childbirth and any related medical procedures or appointments. The intended parents are typically responsible for all medical costs associated with the pregnancy and delivery, which can vary widely depending on the complexity of the medical procedures and the course of the pregnancy.

Health insurance for the surrogate is another important consideration. If the surrogate doesn’t have a health insurance policy that covers surrogacy pregnancies, the intended parents may need to purchase a policy for her or cover the additional costs associated with the pregnancy. There can also be other miscellaneous costs, such as for counseling or support services for the surrogate.

Surrogate compensation and expenses

In addition to medical costs, intended parents in California are also responsible for compensating the surrogate. This compensation is agreed upon in the surrogacy contract and can include a base fee plus additional payments for various milestones or needs, such as maternity clothing, travel expenses for medical appointments and any lost wages due to the pregnancy.

Legal and administrative fees

Legal fees are another crucial component of surrogacy costs. Both parties need legal representation to ensure that a surrogacy agreement is fair, comprehensive and compliant with California laws. Legal fees can include the cost of drafting and reviewing the surrogacy contract and any legal proceedings related to establishing the intended parents’ parental rights.

With all of this said, no two parenting journeys are exactly the same. Those who have questions are encouraged to seek legal guidance whenever necessary.