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BabyTree Surrogacy

For Surrogates

Legal Overview

Surrogacy involves two important legal steps — your contract with the intended parents, and the pre-birth parenting order. Both are explained here in plain language.

The Contract

The Surrogacy Contract

The legal contract is an agreement between you, as the surrogate, and the intended parents. Its purpose is to protect the rights of everyone involved. For you, the contract provides financial protection for medical costs and other expenses during pregnancy and delivery — and lays out compensation, expectations, and contingencies in writing.

You will have your own independent attorney, paid for by the intended parents, who reviews the contract with you and represents your interests. BabyTree ensures proper execution of the contract before any medical procedures begin.

What the contract covers

Every BabyTree surrogacy contract is structured around these five categories — written out in plain language so nothing is left to assumption.

  • Compensation plan

    Surrogate compensation schedule, milestone payments, monthly allowances, and additional reimbursements written out in advance.

  • Financial responsibilities

    Which costs intended parents cover (medical, travel, legal, insurance) so you do not face out-of-pocket exposure.

  • Parental rights & obligations

    Confirms the intended parents — not you — are the legal parents of the child from birth, and clarifies post-delivery contact.

  • Lifestyle & contact expectations

    Pregnancy lifestyle expectations, communication during pregnancy, and the kind of ongoing contact (if any) you and the intended parents both want.

  • Contingencies

    What happens if the unexpected happens — multiples, bedrest, medical complications, or other situations everyone has agreed to handle in advance.

The Pre-Birth Parenting Order

The PBO — How Parentage Is Established

The pre-birth parenting order (PBO) is a legal petition prepared by the intended parents' attorney when the pregnancy is between 12 and 20 weeks gestation. The purpose of the PBO is to secure parental rights for the intended parents — and to make clear that you are not legally a parent of the child.

You review and sign the PBO, and a certified copy travels with you to the hospital at delivery. A copy is also submitted with the birth certificate application, so the intended parents' names appear on the certificate at birth.

Legal Process — FAQ

Common questions surrogates ask about the contract, attorneys, and parentage process.

Who pays for my attorney?
The intended parents cover the cost of your independent attorney through the surrogacy program. You do not pay for legal representation out of pocket.
Can I choose my own attorney?
Yes. BabyTree can refer experienced California surrogacy attorneys, and you are free to choose any qualified attorney you prefer. The intended parents will not select your attorney for you.
What is a pre-birth parenting order (PBO)?
The PBO is a legal petition prepared by the intended parents' attorney between weeks 12 and 20 of the pregnancy. It establishes the intended parents as the child's legal parents before birth, so their names go on the birth certificate at delivery. You review and sign it, and a certified copy travels with you to the hospital.
When does the contract need to be signed?
The surrogacy contract is fully executed before any medical procedures begin — typically before embryo transfer cycle starts. California Family Code requires the agreement to be in writing and signed by all parties in advance.
What if something needs to change later?
Material changes to the contract require both sides — represented by their independent attorneys — to formally amend it. Day-to-day adjustments (appointments, communication style) do not need a contract amendment; legal/financial structure changes do.

Questions about the legal process?

A BabyTree coordinator can walk you through every clause and connect you with an independent California surrogacy attorney — no obligation.

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