Compensation is defined as remuneration over and above what the surrogate mother would have received if the pregnancy had not taken place.

A surrogate parenting agreement is one in which a woman agrees to become pregnant with the intent of surrendering custody of the child to another person. A participating provider aware that a member is pregnant on the basis of having entered into a surrogate mother agreement should advise the member that Health Net benefits are available for services incurred for that pregnancy. However, when compensation is obtained for the surrogacy, Health Net or the participating provider has a lien on such compensation to recover its medical expense.