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If you're exploring how the surrogacy process works, it's normal to have questions. You may be experiencing a mix of excitement and uncertainty as you consider this path to growing your family. The legal requirements can feel overwhelming, especially if you're not sure what to expect or how to begin. This article explains what a surrogacy contract is, how it functions and why it is a critical part of your journey. It also outlines how your agency and attorney will support you each step of the way Ready to learn more? Get free surrogacy information by filling out our online form.
How Do Surrogacy Contracts Work?
What is a surrogacy contract? A contract for surrogacy is a legal agreement between you and your surrogate. It defines the roles, responsibilities and protections for all parties. Whether your surrogate is a close friend or someone you matched with through an agency, this document ensures that all parties are on the same page from the very beginning.
Your surrogacy agreement plays a key role in:
Streamlining legal procedures after the child is born, such as obtaining a parentage order Minimizing the risk of legal or financial disputes Providing a structured opportunity to address potential scenarios and develop plans in advance Offering a clear framework to guide everyone through the surrogacy process
Even if your surrogate is a family member, a formal agreement helps protect everyone's interests and ensure the process aligns with state laws.
Every surrogacy contract is tailored to the unique needs of the intended parents and surrogate. A comprehensive surrogacy contract checklist typically addresses the following areas: Define how and when the surrogate will be paid, including which expenses will be reimbursed. Outline the surrogate’s informed agreement to medical procedures and how her health information may be shared with the intended parents. Explain where the birth will occur and who will be present during delivery. Specify which state laws will govern the surrogacy agreement. Describe the insurance coverage in place and who's responsible for the associated costs. Include clear terms for how potential medical complications or pregnancy reductions will be handled. Cover any preferences or requests, such as providing breast milk or adhering to certain dietary guidelines. Define how both parties will communicate during the process. These elements ensure that everyone has the same expectations and understands their roles and responsibilities. Termination of pregnancy clauses are among the most sensitive aspects of a surrogacy agreement. These clauses establish a clear plan in case serious medical complications threaten the health of the surrogate or the baby. Due to state-specific abortion laws, what can be included in this section varies depending on your surrogate's location. You and your surrogate should have honest conversations with your attorneys about these possibilities. It’s not easy, but thinking through these scenarios now ensures everyone is informed and protected later. What Should Be Included in a Surrogacy Contract?
Termination of Pregnancy in Surrogacy Contracts
Are Surrogacy Contracts Enforceable?
Whether a surrogacy contract is enforceable or not depends on where you live.
In many states, surrogacy contracts are fully enforceable when drafted and executed properly. These agreements provide legal clarity and are often used by courts to finalize parental rights.
In other states, the laws may be less defined, making enforceability more complex. This is why working with a surrogacy agency and attorney familiar with your state’s surrogacy laws is so important.
Want to learn more about surrogacy laws in your state? Explore our state-by-state surrogacy guide to see how enforceability applies where you live.
How Do Paid Surrogacy Contracts Work?
If your arrangement includes compensation, your paid surrogacy contract must clearly outline financial terms. This includes base compensation, milestone-based payments and reimbursements for pregnancy-related expenses. A well-written contract helps avoid confusion about finances down the road.
A surrogacy contract should never be drafted without qualified legal representation. Most states require that both the intended parents and the surrogate have separate attorneys to avoid conflicts of interest. Your attorney will ensure that the contract accurately reflects your wishes and adheres to state laws. Even if you have already been matched with a surrogate, proceeding without legal guidance can jeopardize the enforceability of the agreement. The process of drafting a surrogacy contract typically begins after you have been matched with a surrogate and before any medical procedures take place. On average, this stage takes one to two months, depending on how quickly both parties review and finalize the terms. Want more information about the overall timeline? View the full surrogacy process.How to Draft a Surrogacy Contract
How Long Do Surrogacy Contracts Take?
The Role of Your Agency in the Legal Process
Your surrogacy agency plays an essential role in managing the legal aspects of your journey. Here's how they support you:
Your agency will connect you with trusted legal professionals who are experienced in surrogacy law. At American Surrogacy, we partner with members of the Academy of Adoption and Assisted Reproduction Attorneys. We can help facilitate communication and the exchange of documents between parties. Our team ensures everyone stays informed and aligned throughout the process. Your agency will assist in resolving questions or concerns during the contract negotiation phase. With American Surrogacy, you have a knowledgeable team ready to help navigate sensitive conversations. Agencies help ensure all legal documents are complete and that your interests are protected. We take the time to double-check every detail so you can move forward with confidence.
Legal preparation is one of the most important parts of your surrogacy journey, but you don't need to navigate this process alone. Speak with a surrogacy specialist today to learn more about how we can support your journey.