Surrogacy can be one of life’s greatest joys—as you bring a new baby into your family, a surrogacy agreement can help you protect your family and prepare your surrogate for the path ahead.
You can get your questions about surrogacy contracts answered by a professional here or read the information below to get started.
Surrogacy contracts outlines the roles and expectations of everyone involved in the surrogacy process and protects your rights so that you can enjoy your surrogacy journey to the fullest.
What is a surrogacy contract?
A surrogacy contract is a legal agreement between a surrogate and a family that wants a child. The agreement lays out plans for the surrogate to carry an embryo through pregnancy and give birth to a child and sets up the family as the intended parents for the child at birth.
What does a contract for surrogacy include?
A contract for surrogacy at its most basic includes an agreement that the surrogate will carry the baby and establishes that the intended parents will be the legal parents of the child at birth. However, surrogacy contracts encompass many possible scenarios and include details of compensation for the surrogate as well as social expectations.
The contracts can include:
- Base compensation for the surrogate
- Additional surrogate compensation or reimbursement for out-of-pocket expenses like prenatal vitamins and maternity clothes
- Agreements for additional compensation in cases of unexpected circumstances, like bed rest or a twin pregnancy
- Expectations for the surrogate to maintain healthy habits like avoiding smoking, alcohol, and other drugs
- Expectations of who will be present at prenatal medical appointments
Ideally, your contract will cover any possible scenario you may encounter in your surrogacy process so that you and your surrogate are on the same page and prepared to handle whatever the journey brings.
If you work with a great surrogacy agency, they will likely have connections with trained surrogacy lawyers, who will likely already have a surrogacy contract template and will be able to provide you with sample surrogacy contracts or show you an example of one.
Are surrogacy contracts enforceable?
In the United States, surrogacy law varies quite a lot from state to state. In some states, surrogacy agreements are legally enforceable when they are created in accordance with state law. In other states, there are laws that make gestational surrogacy illegal. In many states, there are surrogacy laws in place that limit surrogacy or inconsistencies within state courts.
You can get help from a surrogacy professional here—working with a surrogacy professional can help ensure that the agreements you make are enforceable in your state.
What is a gestational surrogacy contract?
A gestational surrogacy contract is a surrogate contract where the surrogate agrees to carry an embryo through pregnancy that is not genetically related to her. This is different from “traditional” surrogacy. In traditional surrogacy, the surrogate carries an embryo that she shares genetic material with, but this type of surrogacy has become uncommon.
How Can I Make a Surrogacy Contract?
You can make a contract for surrogacy with the help of a surrogacy attorney. A great surrogacy agency will have lawyers available to help you and will be able to help you with other necessary parts of the surrogacy process, like finding a surrogate and completing adoption paperwork.
You can click here to get a free consultation with a surrogacy agency.