What to Know About Surrogacy Contracts as a Surrogate

A surrogacy contract is essential to making the surrogacy process as safe as possible for you (the surrogate), the intended parents, and surrogacy professionals. 

When completed correctly with the assistance of your surrogacy attorney, your gestational surrogacy agreement will:

• Protect you from any legal risks and liabilities of the surrogacy process
• Ensure a smooth surrogacy process

If you’re ready to start the surrogacy process, you can contact a surrogacy professional today to get the process started. But, keep reading to learn more about what typically goes into a surrogacy legal contract.

Disclaimer: It’s always best to speak with a surrogacy attorney to learn about the intricate details of a surrogacy contract. While this article offers some helpful information, it should not be taken as strict legal advice. Only an attorney can provide that.

What is a Surrogacy Contract, and How Do You Create One?

You and the intended parents you choose will work with separate surrogacy attorneys during the negotiating and drafting stage of the surrogacy contract. But, the surrogacy legal contract’s final form will come from a collaborative effort.

Generally, this is how the surrogacy contract process works:

• Step 1: The intended parents will work with their attorney to draft the initial contract, which they will then send to you and your attorney.
• Step 2: You and your attorney will review the surrogacy contract to ensure your requests, rights, and interests are addressed. You will make appropriate changes and send the draft to the intended parents’ attorney if necessary.
• Step 3: The surrogacy legal contract process will continue until you and the intended parents are satisfied with the terms of the agreement.
• Step 4: You and the intended parents will sign the surrogacy contract, after which you can move forward with the medical process of surrogacy. (Many medical professionals will not proceed with a surrogacy unless an agreement is signed.)

Your surrogacy attorney is an integral part of drafting your gestational surrogacy agreement. While you may be able to find a sample surrogacy contract and a surrogacy contract template online, completing a contract without legal guidance will not fully protect you from the potential risks and liabilities of being a surrogate.

Only a surrogacy attorney can recognize and properly address every potential complication in your surrogacy contract. A contract drafted and signed without an attorney’s help is a severe liability in and of itself.

What is Included in a Surrogacy Contract?

Every surrogacy will look different based on the needs and preferences of the surrogate and the intended parents — and their surrogacy contract will reflect those personal circumstances.

In general, a well-drafted surrogacy agreement will include:

• Financial information: Including the base compensation and any additional compensation you’ll receive for other surrogacy- and pregnancy-related expenses
• Risks and liabilities: Anything associated with your pregnancy and the surrogacy process
• Your health responsibilities: This includes stipulations like abstaining from alcohol and drugs during your pregnancy
• Additional agreements: Extra agreements will include details about sensitive issues like selective reduction and termination. It also will include contact agreements detailing who will be present at medical appointments and how often information is shared
• And more

An experienced surrogacy attorney will consider all “what if” situations and possible outcomes when drafting a surrogacy contract that will protect your rights and interests. You have the right to ask for what you need to ensure you create a surrogacy journey that you are comfortable with.

How Do I Start Writing My Surrogacy Contract?

You can find sample surrogacy contracts online, but you should contact a surrogacy agency or a surrogacy attorney to handle your surrogacy contract process. And although a surrogacy attorney can handle all your legal surrogacy needs, an agency can provide you with an attorney, and more.

The Benefit of Working with a Surrogacy Agency

A surrogacy agency can provide other services that make your surrogacy journey smoother. A dedicated surrogacy specialist can:

• Provide support during and after the surrogacy process
• Ensure you are properly compensated
• Help you find the best intended parents for a match
• Refer you to all of the helpful professional you’ll need
• And more

One of the most important services a surrogacy agency can provide is helping you find intended parents who meet your expectations and share your surrogacy goals. This can make creating a surrogacy contract with a surrogacy attorney when the time comes easier.

Starting Your Surrogacy Journey

Becoming a surrogate involves a lot of your time and energy. And your surrogacy contract will ensure you remain protected and are appropriately compensated for your selfless decision.

Contact a surrogacy professional today to learn more about how you can protect your rights during the surrogacy process.