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Surrogacy Agreement Drafting: Key Terms, Drafting Tips, Legal Help

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Quick Facts — Surrogacy Contract Lawyers

What is Surrogacy Agreement Drafting?

A surrogacy agreement is a legal contract between a surrogate and the intended parents of the child. It needs to be valid to protect both parties’ interests, such as letting the parents establish that they are the legal parents of the child and providing appropriate insurance and medical coverage to the surrogate.

If you need to draft a surrogacy agreement, there are some important things to include so that it’s reasonable and prevents disputes or challenges.

Read the rest of this article to explore what’s included in a surrogacy agreement, how to draft it so that it’s clear and legally sound, and how a qualified lawyer can assist you with the surrogacy agreement drafting process.

What are Key Terms to Include in a Surrogacy Agreement?

A surrogacy agreement should include the following essential aspects:

  • Parental rights. This section of the agreement establishes that the intended parents’ names will be on the baby’s birth certificate and it serves to remove the surrogate’s parental rights.
  • Compensation. This must detail if the arrangement includes compensation or is altruistic, in which the surrogate will only receive money to cover specific expenses, such as medical costs.
  • Medical guidelines. There must be clarity about who will make medical decisions. It should explain what happens if unexpected medical circumstances occur.
  • Communication. The agreement should state how the intended parents and surrogate will communicate during and after the pregnancy. This serves to set relationship boundaries.
  • Delivery plans. There will be a section in the surrogacy agreement that explains where the surrogate will deliver the baby and other details regarding the birth.
  • Insurance coverage. The surrogacy agreement should include information about health insurance coverage for the surrogate.

How Should You Draft a Surrogacy Agreement?

When drafting a surrogacy agreement, you should specify details about the surrogacy process to protect both parties. Consider including this additional information for clarity and to prevent disputes.

Check Your State Laws

To make your surrogacy agreement legally valid, you must check your state laws as these can vary when it comes to surrogacy in the U.S. This information governs your entire agreement, so pay attention to the required rules and regulations.

A lawyer can assist you with this to ensure compliance. It’s advisable to work with a lawyer who specializes in Assisted Reproductive Technology (ART) law.

Explain Compensation

What financial support the surrogate will receive from the intended parents must be stipulated. It can include base compensation, additional payments for medical procedures or embryo transfers, and insurance coverage. If the surrogate doesn’t have their own health policy, this can be set up for the surrogacy process.

Surrogates will have their medical and insurance expenses covered by the parents, and it’s common for them to receive payments for specific milestones in the journey.

Include Non-Financial Duties

It’s not just financial support that will be provided to the surrogate. There will be other benefits included, which must be stipulated. These can include supplying maternity clothing or housekeeping assistance to the surrogate.

Use Clear Language about Legal Rights

The intended parents must take on full legal parental rights, so it’s essential for the agreement to specify this in clear language to avoid any misunderstandings.

Clarify Lifestyle Guidelines

It’s important for the agreement to contain information about what lifestyle guidelines the surrogate will have to follow for the baby’s wellbeing. This can include avoiding any risky activities. By specifying the rules, parties involved in the agreement can align their expectations.

Explain Post-Birth Plans

When including delivery plans in the surrogacy agreement, you should also mention what post-birth plans are going to be followed. This can include information about who is allowed to be in the delivery room on the day of the birth and how much contact will be maintained between the surrogate and parents afterwards.

Consider the Worst-Case Scenarios

Although unpleasant, it’s important to draft clauses specifying how to handle complications that could arise during the surrogacy process. These include failed embryo transfers and miscarriages.

For example, the agreement might stipulate who will cover medical costs for future surrogacy attempts and if the surrogate is willing to undergo additional procedures. There should also be information about emotional support for the surrogate.

How Does a Lawyer Help You with Surrogacy Agreement Drafting?

Since surrogacy agreements can be complex and deal with intense emotions, you might want to hire a qualified lawyer to assist you with drafting them. Here’s what a lawyer can do to help you through the process:

  • They’ll include clauses in the agreement to protect all parties, such as by clearly defining roles and responsibilities.
  • They’ll unpack complex surrogacy laws and make sure that the agreement is compliant with all laws.
  • They’ll consider and address any potential risks. This can include anticipating future situations and how to work through them.
  • They’ll ensure the surrogate understands their rights, obligations, and the agreement’s legal implications.
  • They’ll clarify all financial responsibilities, such as medical costs, to prevent misunderstandings or disputes.
  • They’ll customize the surrogacy agreement according to the parties’ situation and intentions. This ensures that sensitive or important issues are considered.
  • They’ll review a surrogacy agreement you’ve already drafted, giving you peace of mind that all its terms are clear and reasonable to protect both parties.

Where to Find a Lawyer for Surrogacy Agreement Drafting

It’s not always easy to find a reputable lawyer to draft an agreement you require, which is why it’s best to use an online legal network. These networks give you quick access to a range of lawyers who have the experience to assist you.

ContractsCounsel is an example. It’s one of the largest online legal networks that enables you to connect with vetted lawyers. Here, you can easily find the right lawyer to draft your contract without conducting an intensive lawyer search.

Here are the steps to follow if you need to hire a lawyer to draft your surrogacy agreement:

  1. Start by going to the ContractsCounsel marketplace.
  2. Post your project for free. Include a few details to help you find the most suitable lawyer, such as your specific situation that requires a surrogacy agreement.
  3. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who have the experience to help you.
  4. Review the lawyers’ profiles. After getting bids, you can use lawyer data on the platform to select the most suitable lawyer. This information includes the lawyers’ location, client ratings for previous projects, expertise, and credentials.
  5. Connect with a lawyer and hire them to draft a surrogacy agreement for a flat fee.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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