Surrogacy Contract 101: A Guide for First-Time Surrogates

If you’re new to the world of surrogacy, it’s normal to have questions about what’s ahead, including what’s inside a surrogacy contract. This crucial agreement represents more than paperwork; it’s your roadmap for the journey, designed to protect you and ensure everyone involved is on the same page.

As you consider becoming a surrogate, understanding your surrogacy contract brings clarity and peace of mind. As your cheerleaders throughout the surrogacy process, we're arming you with what you need to know to navigate your legal rights with confidence.

First Things First: What Is a Surrogacy Contract? 

A surrogacy contract is a legal agreement between you and the intended parents. It outlines all the key aspects of your journey together—covering everything from medical and legal details to the emotional and financial support that helps make the experience smooth and meaningful. You and the intended parents will each have your own attorney to review and negotiate the terms. The intended parents cover your legal fees, and you'll work with a lawyer specializing in reproductive law to ensure your rights and wishes are fully represented.

Because surrogacy laws vary by state, every contract is customized. Rest assured, you won't have to navigate the process alone. Your surrogacy agency will guide you throughout the legal process, and we'll be by your side to lend support (of course)!

What's Typically Included in a Surrogacy Legal Contract? 

While your surrogacy contract will be uniquely yours, here are some of the key topics and questions it covers: 

Compensation and Expenses 

This section breaks down the financial support you'll receive for your time, effort, and commitment. It typically includes base compensation and additional payments for things like embryo transfers, maternity clothing, and medical procedures. Your contract will also outline when and how these payments are made, so there are no surprises.

Legal Rights and Parentage 

These aspects of the contract are vital to clarify and smooth transitions between you and the intended parents. Your contract will include clear language stating that the intended parents will assume full legal parental rights rather than you (and your spouse, if applicable).

Medical Decisions and Care 

This part of the contract covers information about your medical responsibilities, the use of medications, and the embryo transfer timeline. Fingers crossed, everything goes as planned! However, it clarifies what is expected if there are unique medical circumstances, the need for extended bed rest, and other unexpected variables.

Communication and Boundaries 

How will you and the intended parents communicate throughout the process? Your surrogacy contract will spell out privacy-related boundaries, including social media sharing, frequency of updates, and what, if any, communication will occur after the baby is born.

Lifestyle Considerations  

Because carrying someone else's child is a significant responsibility, your contract may include lifestyle-related guidelines—such as avoiding certain high-risk activities or following a specific prenatal supplement regimen—to protect the health of the baby. These agreements help align expectations between you and the intended parents respectfully and collaboratively.

Health Insurance and Medical Expenses 

Your contract will confirm who covers your medical expenses during the pregnancy (spoiler: it’s not you). Whether you’re using your own insurance or a new policy set up for the surrogacy, everything is spelled out clearly.

Delivery Plans and Post-Birth Arrangements 

This part of the contract covers details like where you'll deliver, which is typically a hospital close to home, and sometimes even the same one where you welcomed your own children! It also outlines preferences around who will be in the delivery room, whether you’re open to pumping breast milk, and any plans for staying in touch with the intended parents after the baby is born.

With You Every Step of the Way 

The legal side of surrogacy can feel complicated, but with the proper support, it doesn’t have to be. When you partner with Surrogacy.com, we help you find a reputable agency and legal team that understands what first-time surrogates need most: clarity, compassion, and guidance that puts your well-being first. 

If you haven’t yet connected with an agency, check out our page on partnering with an agency to learn how we help match you with the right team.

Take the Next Step 

Ready to get started? First off, complete our quick surrogate compatibility form. A member of our team will then contact you to guide you through what's next. Our surrogacy community looks forward to welcoming you!