Inside the Surrogacy Contract: What It Covers and Why It Matters
Published on:
June 20, 2025
Last updated on:
June 20, 2025
6:02 pm
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A surrogacy contract is not just paperwork. It’s a crucial legal agreement that protects everyone involved, especially the intended parents and the surrogate. Because surrogacy laws vary so much from state to state, this contract needs to be carefully customized by an experienced attorney.
Surrogacy contracts are an important element in the surrogacy process.
-Case Manager, SurrogateFirst
Relying on a generic online template might seem convenient, but it can leave out key protections or even conflict with your state’s laws. That kind of oversight can create serious complications down the road.
What Is a Surrogacy Contract?
A surrogacy contract — also known as a gestational surrogacy agreement — is a legally binding document between the intended parents and their surrogate. It outlines each party’s rights, responsibilities, expectations, and protections throughout the surrogacy journey.
The contract ensures clarity and agreement on important decisions before the pregnancy begins. Unlike traditional surrogacy (where the surrogate is biologically related to the child), a gestational surrogacy agreement applies when the surrogate has no genetic connection to the baby. These contracts are designed to protect everyone involved and to prevent disputes down the line.
Are surrogacy contracts enforceable?
Yes — especially in surrogacy-friendly states like California. When drafted and signed with independent legal counsel for both parties, gestational surrogacy agreements are enforceable in court. However, this can vary by state, which is why it’s crucial to work with a licensed agency and experienced legal team.
When Should the Surrogacy Contract Be Signed?
The surrogacy contract is typically signed after a successful match has been made between the surrogate and the intended parents, but before any medical procedures — such as fertility medications or embryo transfer — begin.
IVF clinics will not move forward with treatment without a signed agreement in place. This timing ensures that all legal, emotional, and financial elements are agreed upon before any party moves into the medical phase of the journey. It’s a vital checkpoint in the surrogacy timeline that prioritizes consent, preparation, and peace of mind for both the surrogate and the intended parents.
They are legally and financially responsible for the child and all related medical and surrogate expenses. They contribute preferences around communication, birth plan, and post-delivery relationships.
Parties Involved in the Surrogacy Contract
A surrogacy contract isn’t a one-sided document — it’s a collaborative agreement carefully developed with professional support. Here’s who’s involved:
Intended Parents
The Surrogate
She agrees to carry the pregnancy under the agreed-upon terms. The contract protects her physical, emotional, and financial well-being.
Independent Attorneys for Both Parties
Legal counsel is required for both the surrogate and the intended parents. Each side must have separate, experienced attorneys to avoid conflict of interest and to ensure the agreement meets state-specific legal standards.
The main goal of the contract is to ensure legal clarity, emotional alignment, and logistical preparedness — creating a stable foundation for a successful journey.
What Is Included in a Surrogacy Agreement?
Surrogacy contracts cover several essential elements. While each agreement is customized, most include the following:
Finances
Surrogate’s base compensation
Monthly allowances
Medical and travel reimbursements
Insurance coordination
Roles and Responsibilities
Attendance at appointments
Following clinic and medical protocols
Healthy lifestyle agreement (no smoking, drinking, etc.)
Clear expectations around communication
Statements of Intent and Legal Rights
Confirming the surrogate will not seek parental rights
Acknowledging intended parents’ full legal parenthood
Decision-making in case of complications or birth emergencies
Dispute Resolution Terms
What happens in the event of disagreements
Mediation and legal remedies if needed
“What If” Scenarios
Miscarriage or failed transfer
Multiples pregnancy
Extended bed rest
Premature delivery
Surrogate relocation mid-journey
Every clause is designed to reduce ambiguity and protect both parties emotionally, financially, and legally.
Surrogacy Contracts in California
California is considered one of the most surrogacy-friendly states in the U.S. Its laws provide strong legal support for gestational surrogacy and recognize the rights of intended parents from the start.
Courts in California routinely enforce surrogacy contracts, and pre-birth orders are commonly granted — ensuring that the intended parents are listed on the birth certificate immediately.
At SurrogateFirst, we take the guesswork and stress out of the surrogacy contract process. We partner only with experienced, surrogacy-specialized attorneys and walk you through each step so you feel supported, informed, and confident.
Here’s how we help:
Coordinate legal consultations with vetted professionals
Ensure both surrogate and intended parents understand every clause
Keep your contract compliant with state-specific surrogacy laws
Maintain transparency on costs, expectations, and legal protections
Offer 24/7 emotional support and conflict resolution guidance
From the first consultation to the final signature, SurrogateFirst makes sure your contract supports your journey — not complicates it.
