Surrogacy Contracts: A Comprehensive Guide

At Nascency, we understand that a surrogacy contract is one of the most important steps in your journey—whether you are a surrogate or intended parent. This legal document serves as the foundation of the arrangement, ensuring that everyone’s rights, responsibilities, and expectations are clearly outlined and legally protected.

A well-structured surrogacy contract provides peace of mind, reduces the potential for misunderstandings, and safeguards all parties involved. Below is a breakdown of the key components that should be included in your surrogacy contract.

Parties Involved & Intent

Your contract should begin by clearly identifying everyone involved and their roles, including: 

• The full legal names and details of the intended parents, surrogate, and surrogate’s spouse (if applicable). 
• A clear statement of intent, confirming that this is a gestational surrogacy agreement. 
• Confirmation that all parties are of legal age, fully informed, and entering into the contract voluntarily. 

Medical and Health Considerations 

Your contract must address all medical aspects of the surrogacy journey, including:

• Agreement on the fertility clinic and the medical procedures to be used. 
• The number of embryo transfer attempts allowed. 
• The surrogate’s commitment to maintaining a healthy lifestyle, including dietary restrictions, avoiding harmful substances, and following medical advice. 
• Guidelines for prenatal care, medical appointments, and any necessary genetic screenings. 
• Provisions regarding high-risk pregnancies and medical decisions related to the surrogate’s health and well-being. 

Financial Terms & Compensation

A surrogacy contract must outline all financial responsibilities to ensure clarity and fairness. This includes: 

• The surrogate’s base compensation, how and when payments are distributed, and any additional allowances. 
• Reimbursement for pregnancy-related expenses, such as maternity clothes, travel, and medical costs. 
• Health insurance coverage details, specifying whether a new policy is needed. 
• Life insurance provisions for the surrogate, ensuring financial security for her family. 
• Escrow account arrangements for payments, ensuring all funds are handled securely and in compliance with the agreement. 

Legal Rights & Parental Responsibilities

Legal clarity is crucial in any surrogacy agreement to define parental rights and ensure a smooth transition after birth. This section should include: 

• The intended parents’ full legal rights to the child from birth. 
• The surrogate’s agreement to relinquish any parental rights. 
• The legal process for establishing parentage, such as obtaining a pre-birth or post-birth court order. 
• Confidentiality agreements regarding personal and medical information.

Pregnancy Management & Decision-Making

Surrogacy contracts should address how certain decisions  will be made throughout the pregnancy. This includes: 

• Medical decision-making authority — who has the final say in case of complications or unexpected situations. 
• Agreements on selective reduction or termination of pregnancy in cases of medical necessity. 
• Restrictions on the surrogate’s activities, including travel limitations and lifestyle choices to promote a healthy pregnancy. 
• The intended parents’ involvement in medical appointments and their presence during the birth. 

Post-Birth Arrangements

To ensure a smooth transition after birth, the contract should cover: 

• The custody transfer process immediately after delivery. 
• Whether the surrogate will provide breast milk and, if so, the terms for pumping and delivery. 

Agreements regarding future contact between the surrogate, child, and intended parents (if desired). 

Risk Management & Unexpected Outcomes

While everyone hopes for a smooth surrogacy journey, a well-structured contract prepares for unexpected situations, including: 

• Provisions for medical complications, miscarriage, stillbirth, or other unforeseen events. 
• Liability waivers and insurance requirements to protect all parties. 
• Dispute resolution procedures in case of disagreements. 

 Legal Compliance & Governing Law 

Since surrogacy laws vary by state, your contract should include:

• A statement confirming compliance with applicable state laws. 
• The designated state laws that will govern the contract. 
• A severability clause ensuring that if one part of the contract is deemed unenforceable, the rest remains valid.

Final Thoughts

Your surrogacy contract is more than just a legal formality— it’s a crucial tool to ensure that you and all involved parties have a clear, secure, and positive experience. At Nascency, we strongly recommend working with an experienced surrogacy attorney to draft and review your contract. This ensures that your rights and interests are fully protected, giving you peace of mind as you embark on this life-changing journey.