Who Holds the Funds
Under California Family Code § 7961, a nonattorney surrogacy or donor facilitator directs client funds to an independent licensed and bonded escrow company or an attorney trust account. The facilitator cannot have a financial interest in the escrow company or act as its agent. The statute includes an exception for certain direct payments to doctors or psychologists for specific services.
Review the Fund-management Agreement
Understand the account and payment rules before transferring money.
- Identify the account holder, administrator and how to verify payment instructions.
- Check the funding schedule, minimum balance and any reserve requirements.
- Match authorized payments to the assisted reproduction and fund-management agreements.
- Clarify fees, statements, record access and how disputed requests are handled.
Follow Payments Through the Arrangement
The attorney or escrow agent disburses funds according to the agreements. Ask which records support reimbursements, when compensation becomes payable and who approves each request. Funding amounts and fees are specific to the arrangement; no single account balance or fee applies to every case.
Plan for Changes and Closure
Confirm how additional funds are requested, what happens if treatment stops and when unused funds can be returned. Keep sufficient provision for agreed outstanding expenses before closing the account.