Commonly Addressed Issues in a Surrogacy Contract
This legal contract is critical for both intended parents and surrogates, not only to outline expectations but protect themselves from risks and liabilities. Every surrogacy contract will look somewhat different based on state surrogacy laws, as well as each party’s individual needs and circumstances.
In general, every surrogacy contract should cover the following elements:
- Statement that intended parents agree to accept full responsibility for the child(ren) resulting from the transfer
- The Embryo Transfer, including how many embryos will be transferred and how many attempts will be made before intended parents look for a new gestational carrier, should she not become pregnant
- Prenatal Care
- Prohibited Activities
- Travel during pregnancy
- Post-Mortem instructions, should one or both of the intended parents pass away while surrogate is pregnant
- Trust Account
- Amniocentesis – Termination – Selective Reduction, as both parties agree upon
- Premature Delivery
- Payments and Reimbursements
- Base Compensation
- Multiple Pregnancy
- Carrier’s Attorney fees
- Travel Expenses
- Injectable Medication fee
- Cancelled Cycle fee
- Transfer fee
- Maternity Clothes
- Mock Cycle
- Selective Reduction
- Invasive Procedures
- Hysterectomy
- Cesarean Section
- Lost Wages
- Housekeeping, Childcare and other Expenses
- Psychological Support
- Monthly Expense Allowance
- Pumping Breastmilk
- And more
There are many variables and “what if” scenarios in surrogacy, which need to be addressed in the contract. It is important to take all possible outcomes into consideration and work with an experienced attorney who knows what to look for in the contract.