Embarking on a surrogacy journey—whether as an intended parent or someone hoping to become a surrogate—comes with excitement, emotion, and a long list of responsibilities. But amid all the medical appointments, profile matching, and hopeful anticipation, there’s one crucial step that absolutely can’t be overlooked: the surrogacy contract.
This legal agreement is the foundation of your entire surrogacy journey. It defines the rights, responsibilities, expectations, and protections for both the surrogate and the intended parents. And while a surrogacy agency will guide you through much of the process, the contract itself is something that everyone involved needs to read, understand, and take seriously.
In this article, we’ll break down what you need to pay attention to in a surrogacy contract, why each clause matters, and how working with a reputable surrogacy agency in California or elsewhere can ensure you’re fully protected—legally, medically, and emotionally.
1. Why the Surrogacy Contract Is Non-Negotiable
Let’s start with the basics: a surrogacy contract is a legal document that must be signed before any medical procedures (like embryo transfer) can begin. It’s required in almost every state where surrogacy is legal and is designed to:
Protect the legal parentage of the intended parents
Ensure the surrogate’s health and rights are prioritized
Define how key decisions will be made during the pregnancy
Detail the compensation structure and covered expenses
Prevent disputes by outlining everyone’s roles clearly
In California—widely regarded as one of the most surrogacy-friendly states—surrogacy contracts must be drafted and reviewed by independent legal counsel for both parties. Any reputable surrogacy agency in California will enforce this standard.
1.1 Parentage and Legal Custody
The most important part of any surrogacy contract is determining who the legal parents of the child will be.
Key points to look for:
Clear statement that the intended parents will be the legal parents from birth
Confirmation that the surrogate will have no parental rights or responsibilities
Language supporting pre-birth orders, especially in California where these are common
Instructions for the hospital on who will be involved in delivery and discharge
If you’re an intended parent, this clause protects your legal bond with your future child. If you’re applying to be a surrogate, this guarantees you won’t face future custody disputes or obligations.
1.2 Compensation and Reimbursement
For surrogates, compensation is more than a paycheck—it’s recognition of the time, energy, and medical risk involved. Every surrogacy contract must spell out:
Base compensation (typically paid in monthly installments once pregnancy is confirmed)
Itemized reimbursements: including maternity clothes, mileage, lost wages, child care, etc.
Payments for milestones or complications, such as:
Embryo transfer fees
Invasive procedure compensation (e.g., amniocentesis)
Cesarean delivery compensation
Bed rest or lost income
If you’re preparing to apply to be a surrogate, make sure you understand when payments start, what’s included, and how it’s distributed.
1.3 Medical Decisions and Consent
What happens if the baby has a medical issue? Or if pregnancy complications arise?
This part of the contract outlines how medical decisions will be made, including:
Who has final say in the event of an emergency
Whether the surrogate agrees to undergo termination or selective reduction (if medically advised)
How communication will be handled between the surrogate, intended parents, and OB/GYN
Rights of the surrogate to accept or decline procedures based on comfort or beliefs
These are sensitive but vital conversations. Good agencies will encourage full transparency long before legal review begins.
1.4 Insurance and Financial Responsibility
Medical bills can escalate quickly during a pregnancy, especially one involving IVF or complications. A surrogacy contract should specify:
Who pays for the surrogate’s health insurance premiums
Whether a surrogacy-specific insurance policy is needed (common if the surrogate’s plan excludes surrogacy)
Coverage for life insurance and disability insurance for the surrogate
Clarification on who pays out-of-pocket costs (e.g., copays, deductibles)
If you’re an intended parent, this section protects your financial planning. For surrogates, it’s a safeguard to ensure you’re never left responsible for bills related to the journey.
1.5 Confidentiality and Communication Expectations
Surrogacy is a deeply personal experience, but it’s also a partnership. Contracts typically include guidelines for:
Frequency and method of communication (texts, calls, updates)
Social media guidelines—who can share updates, baby info, etc.
Respect for each other’s privacy and boundaries
Handling media requests or public attention (especially in celebrity cases or high-profile matches)
If you’re working with a professional surrogacy agency, they’ll often help mediate communication and keep things positive.
1.6 Travel and Restrictions During Pregnancy
Since embryo transfer and prenatal care may take place in specific cities, the contract outlines:
Whether the surrogate is allowed to travel (and how far) after a certain point in the pregnancy
Agreement on relocating if required by law or medical need
Restrictions on alcohol, medications, caffeine, exercise, and risky activities
Guidelines for vaccinations and healthcare protocols
Some of these may seem strict, but they’re designed to protect the health of both surrogate and baby.
1.7 Unexpected Situations and Emergency Protocols
No one wants to think about what could go wrong—but a solid surrogacy contract must address:
What happens if the pregnancy ends early or results in stillbirth
What if the surrogate experiences serious medical complications?
What if the intended parents separate or change their minds during the process?
What legal actions are available if either party breaks the agreement?
These clauses provide critical legal protection and reduce ambiguity if things don’t go according to plan.
1.8 Post-Birth Arrangements and Support
While the legal relationship often ends after delivery, many contracts clarify:
Whether there will be ongoing contact or updates
Whether the surrogate can see the baby after birth
How hospital delivery will be handled—who’s in the room, what the birth plan is, etc.
Terms of any postpartum care coverage for the surrogate (e.g., counseling, medical follow-ups)
It’s important to be emotionally aligned before signing. If either party wants a closed or open relationship, it should be mutually agreed upon and written into the document.
2. Working With a Surrogacy Agency in California
If you’re navigating this process in California, you’re in luck—this state leads the nation in supportive surrogacy law. But it still pays to work with a licensed surrogacy agency in California that knows how to manage the fine details.
A strong agency will:
Connect you with experienced attorneys for independent contract review
Provide template agreements vetted by surrogacy legal experts
Help you negotiate clauses that fit your situation
Ensure compliance with state and federal regulations
Offer emotional support if any legal issues arise
If you’re ready to apply to be a surrogate, working with a trusted California-based agency ensures your surrogacy contract is fair, thorough, and enforceable.
3. A Surrogacy Contract Is A Binding Agreement For Your Journey
A surrogacy contract is not just a formality—it’s a legally binding agreement that sets the tone for your entire journey. Whether you’re planning to become a surrogate or you’re growing your family through surrogacy, this document deserves your full attention. If there’s anything you don’t understand, ask. If something feels vague or missing, ask for clarification. And never sign until your independent legal counsel (yes, you need your own attorney) has reviewed every word. This isn’t just about legal safety—it’s about respecting the people involved in creating life. And that’s worth every careful step.
