A surface is always square. You can't make a brachiosaurus shaped surface. You can however, make use of the draw_clear() function.
draw_clear(color) will replace all of the indicated color with full alpha transparency. What you need to do is make a different sprite that's the same dimensions as your surface except one pixel longer vertically, but fill all of the space you want transparent with a specific color. Like

(255,92,160). The reason you want it one pixel longer is because game maker reads the bottom left corner as the transparent color for your sprite, but you want that pixel to be pink so you cheat by making the sprite longer.
Stick this in your drawing event and replace the resource names accordingly:
surface_set_target(surface); // Set drawing to surface
draw_sprite(spBrachio,0,0,0); // Draw sprite
draw_set_alpha(100); // Change drawing alpha so stars are transparent.
// Draw Stars Here
draw_set_alpha(255); // Reset alpha to normal
draw_sprite(spBrachioPinkpart); // Draw the pink part over the surface.
draw_clear(make_color_rgb(255,92,160)); // Erase the pink part from the surface
surface_reset_target(); // Reset surface to screen
draw_surface(surface,x,y); // Draw the resulting surface
In case you're having trouble visualizing that. here's some pictures!
First we set the drawing surface and draw the original brachio sprite to it.

Next we set the alpha transparency and draw the stars.

Here's the other sprite I was talking about to fill with the pink color:

Ok. now see the green line at the bottom? That's the extra I was talking about. When you add it Game Maker will read that and know that color green is the transparent color for the sprite.
So when you write that over the sprite from before you get this:

Now we use the draw_clear(make_color_rgb(255,92,160)) function to erase the pink part and that leaves us with this (pretend the white part is transparent):

And then you reset the drawing surface to the screen and draw the resulting surface where you like!
Ok so I'm at work and I can't test this but it's the theory I wanted to get across. If you have any questions let me know.