Surrogacy Contracts Explained

In your journey to Surrogacy, you will definitely need knowledge on surrogacy contract. You need to be very careful going on without a surrogacy contract irrespective of who you decide to work with ,be it an agent or an independent surrogate. Undertaking surrogacy with no contract is seen in some states as illegal, depending on where you reside.

We will discuss the importance of surrogacy contracts, the aspects of the arrangement they cover as well as the procedure of obtaining one.

Importance of Surrogacy Contacts

Protecting everyone involved is the goal using contract in surrogacy, and to make sure that surrogate pregnancy which is successful exposes, in line with the actual state law, the conditions of the arrangement while also legally confirming the arrangement. The procedure to ensuring that the right parentage is given to a child is also properly explained. A concrete legal background is the fulcrum upon which a successful surrogacy depends.

Understanding the Topics of a Contract

Protecting the surrogate or the prospective parents is not the only importance of surrogacy contracts. They also go further to shield everyone involved equally, in order to complete the arrangement without any obstacle relating to law or finance. So that there will not be misconception regarding what everyone involved has agreed to, all the important terms of the agreement are explained. Some of the provisions of a contract of surrogacy are stated thus:

Current Laws

The present law as it means to a particular state should be described in each contract. The parentage rights of the surrogate and the parents, the added costs as well as the protections for each returns should be added.

Medical Consent

A provision for testing of any health conditions or contagious infections (like AIDS/HIV, malaria, zika virus, etc.) for both the intended parents and the surrogate parents need to be agreed upon. Awareness of the medical considerations and legal effects for using surrogacy arrangement, by both parties are ensured.


The costs and expenses accrued to each party in the surrogacy procedure needs to be clearly defined in the surrogacy contract. The terms of benefits accrued and how the surrogate is to be compensated is also to be explained in the contract. Study this section on the official website to get more information on the cost of surrogacy.


The particular state’s authority legally, will be cited in the agreement to ensure that the validity surrogacy contract and the enforceability is stated. The procedure to getting the needed parentage documents to announce that the prospective parents of the new born are the constitutional parents, should be established by the agreement which also states that the surrogate and her partner will not be regarded as the constitutional parents of the child being expected.

Rare/Unusual Outcomes

Certain necessary topics to be included in the contract such as selectively reducing and stopping it, may be difficult to explain. In uncommon cases like death of the prospective parents, or placing the surrogate on life support, what happens to the baby is explained by the contracts. What actions to adopt in these conditions are outlined in the contract. For all parties to know the generally accepted decisions to take in case any of these events occur, it is expedient that these discussions happen prior to the surrogate being pregnant.

Drafting the Surrogacy Contract

Each party involved in a surrogate arrangement should get their respective Lawyer, from the beginning of the process. Preferably one that is specialized in fertility law, compared to just picking any lawyer. An unbiased and equitable representation of the interest of both the parent and the surrogate are ensured by each party having a lawyer.

The contract is usually written by the prospective parents and their lawyer. The surrogate and their lawyer then sends this draft for them to review. The conditions of the contract are then negotiated by both parties until the interest of everyone involved is represented. The surrogate is then free to proceed with the medical procedures as soon as the contract has been properly reviewed, agreed upon, and then signed. The clinic is then notified by issue of a letter of legal clearance, stating that the surrogate is allowed go ahead with the medical procedure necessary to transfer the embryo.

Although they are not very interesting, contacts are potentially the most important aspect of surrogacy. Read and negotiate the contract carefully. Getting a surrogacy arrangement that is successful as against one with legal problems could be made possible by going through the boring activity of studying and understanding the contract.