Practice area · California
Surrogacy agreements
Clear gestational surrogacy agreements for intended parents, and independent counsel for surrogates.
For intended parents of every shape, and for gestational surrogates who need a lawyer of their own.
Book a consultation Free 20-minute call to startExample fee: $6,500 to $11,000 (flat fee for intended parents, example range). What's included
In plain words
A surrogacy agreement sets out everyone's rights, duties and hopes before any medical step begins. It covers health decisions, compensation and reimbursements, insurance, privacy and what happens if plans change.
Each side has its own lawyer. We represent intended parents, or we act as independent counsel for a surrogate, never both in the same journey.
We do not find or match surrogates, and we never arrange paid placements. Agencies, clinics or your own circle handle matching. We make sure the agreement is fair, clear and lawful.
Situations we help with
- Intended parents with an agency match
- Independent journeys with a friend or relative
- Gay and single intended fathers
- Intended parents who live abroad
- Independent counsel for surrogates
- Escrow and payment terms
- Insurance and medical decisions
- When plans change
Step by step
How it usually goes
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1
A free 20-minute call
We learn who is involved, where the surrogate lives and plans to give birth, and whether an agency or clinic is part of the journey.
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2
Term sheet
A plain list of the big decisions, so nobody is surprised by the draft. Health choices, money, privacy and contact.
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3
Drafting and review
We draft or review the agreement and work through changes with the other side's lawyer until both sides are comfortable.
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4
Signed before medical steps
Everyone signs before medical treatment begins, as California requires. Then we start planning the parentage judgment.
No lawyer can promise an outcome or a date. Courts, agencies, clinics and other states all move at their own pace. We tell you what we know, when we know it. Things that often change the pace:
- The court's calendar
- Home study scheduling
- Another state's approval
- A party who is hard to reach
- Medical timing
- Records from a clinic or agency
- Another country's paperwork
Example fee
$6,500 to $11,000
Flat fee for intended parents, example range. Independent counsel for a surrogate is usually $1,200 to $2,500, and intended parents normally cover it through escrow.
Included
- Term sheet and drafting or review
- Negotiation with the other side's lawyer
- Signing and notarization
- A plan for the parentage judgment
Paid separately
- Agency and clinic fees
- Escrow fees
- The surrogate's own lawyer
- The parentage judgment (its own flat fee)
Your exact fee is in your plan letter before you sign. Payment plans are available. All fees
Rules differ by place
Surrogacy law changes a great deal across borders. California has clear rules for gestational surrogacy. Other states limit it, and many countries limit or ban compensated surrogacy, which can affect citizenship and travel home.
We practice California law, and bring in licensed local counsel when another state or country is involved.
We never match or broker
We do not match families with children, birth parents, surrogates or donors, and we never arrange or pay for a placement. Licensed agencies and clinics do matching. We handle the law.
General information
This website is general information, not legal advice. Reading it, calling us or sending a form does not make Kith & Kin your lawyer. That happens only when we both sign an engagement letter.
Questions about surrogacy
Do you represent surrogates?
Yes, as independent counsel. When we do, we work only for the surrogate, and the intended parents have a different lawyer.
Can you help us find a surrogate?
No. We do not match intended parents with surrogates, and we never arrange paid placements. Licensed agencies, clinics or your own network handle that part.
We live outside the United States. Can we work with you?
Often, yes, when the surrogate lives and gives birth in California. Your home country has its own rules on parentage and citizenship, so you will also need advice there.
Other paths families take
Free 20-minute call
Talk through your surrogacy journey.
A free 20-minute call with an attorney who does this work every week. You will hear which steps apply to you, what California asks for, and what an example fee of $6,500 to $11,000 would cover.
Prefer to text? (510) 555-0163. Dee replies within one business day.