The decision to begin a surrogacy journey is life-changing for everyone involved, and it is about much more than medical procedures and embryo transfers. Surrogacy requires clear communication, legal protections and carefully defined expectations. That’s where surrogacy contracts come in.
A surrogacy contract helps intended parents and surrogates understand their rights, responsibilities and expectations before the pregnancy begins. It gives both parties a clear framework for decisions about compensation, medical care, communication, insurance and legal parentage.
What is a surrogacy contract?
A surrogacy contract, sometimes called a Carrier Agreement or Surrogacy Agreement, is a legally binding agreement that protects both the intended parents and the surrogate. It is a roadmap for the arrangement from medical screening through delivery and postpartum recovery, including:
- Compensation
- Medical decisions
- Communication expectations
- Insurance coverage
- Legal parentage
The contract is created before the pregnancy begins. Addressing these topics early reduces misunderstandings and makes the experience smoother for everyone.
Because surrogacy laws vary by state, a properly drafted agreement also makes sure the arrangement complies with the law where the surrogate lives and where the baby will be born. The contract is prepared and reviewed by attorneys who specialize in reproductive law, and both the intended parents and the surrogate should have independent legal representation.
When is a surrogacy contract signed?
Usually after matching but before any medical procedures begin:
- The intended parents and surrogate are matched through a surrogacy agency
- Medical and psychological screenings are completed
- Attorneys draft and negotiate the surrogacy agreement
- All parties sign the contract
- The fertility clinic moves forward with embryo transfer
No fertility medications or embryo transfers should take place until the contract is signed by everyone.
What is included in a surrogacy contract?
Compensation and medical expenses
- Base compensation for the surrogate
- Payment schedules
- Reimbursement for medical expenses
- Maternity clothing allowance
- Lost wages
- Childcare during appointments
- Travel for fertility treatment or delivery
- Recovery-related expenses after birth
For example, if a surrogate is placed on bed rest at week 28, the contract may set out how lost wages, childcare, housekeeping, transportation and other approved expenses are handled.
Insurance
- Whether the surrogate’s existing insurance covers surrogacy
- Whether a separate surrogacy-friendly policy is needed
- Who pays premiums, deductibles and uncovered medical expenses
- Coverage for delivery and postpartum care
Medical consent
- Agreement to attend medical appointments
- Following fertility clinic recommendations
- Consent for procedures related to assisted reproduction
- How health information is shared between the surrogate and intended parents
Number of transfers
- How many embryo transfers the surrogate agrees to
- Timeframes between transfers
- What happens if a transfer is unsuccessful
Birth plan
- Where the birth will occur
- Who will be present during labor and delivery
- Hospital preferences
- Immediate postpartum arrangements
- Time for the intended parents to bond with the baby
Miscarriage, termination and selective reduction
These topics are difficult but must be addressed: miscarriage, termination for medical reasons, selective reduction with multiples, and emergency medical decisions. Discussing them honestly before pregnancy helps avoid conflict later.
Travel
- When travel restrictions begin
- Whether the surrogate can travel internationally
- Limits during the third trimester
- Restrictions on travel to states with surrogacy-related legal concerns
Legal requirements
- The law governing the contract
- Pre-birth or parentage orders
- Each party’s legal responsibilities
- Requirements in the surrogate’s home state and the delivery state
Level of communication
- How often updates are shared during pregnancy
- Attendance at medical appointments
- Preferred ways to communicate
- Expectations after delivery
How a surrogacy contract is created
- Matching between intended parents and surrogate
- Medical and psychological screening
- Independent legal representation for both parties
- Drafting the agreement
- Reviewing and negotiating terms
- Signing before embryo transfer
Both parties should feel comfortable asking questions and raising concerns. A good surrogacy agreement reflects mutual understanding, respect and informed consent.
Why surrogacy agreements matter
For intended parents, the agreement establishes legal parentage, clarifies financial responsibilities and sets clear expectations. For surrogates, it protects their rights, health, compensation and personal boundaries. Royal Surrogacy guides intended parents and surrogates through every step, including the legal stage.
This article is for information only and is not legal advice. Surrogacy laws vary by state; consult a qualified reproductive law attorney before entering any surrogacy agreement.