The surrogacy contract timeline typically ranges about 1–2 months, but with the right legal team and agency support, it moves faster and feels easier than most people expect
At American Surrogacy, we partner with trusted surrogacy attorneys who know how to keep your contract timeline on track and your journey protected from start to finish.
Schedule a consultation today to get connected with experienced legal professionals who will guide you through every detail.
Because the legal process isn’t just paperwork — it’s what safeguards everyone involved and ensures that every expectation, decision, and right is clearly defined. Here’s what really happens during this stage.
How Long Does the Surrogacy Legal Process Typically Take?
Most contracts go from first draft to signed and done in about 1-2 months. But here’s the thing: your journey is unique, and your situation might speed that up or stretch it out a bit.
A few things affect how long it takes:
- Your state’s laws – Some states make surrogacy contracts pretty straightforward. Others? Not so much.
- Getting attorneys scheduled – You and your surrogate both need your own lawyers, and coordinating everyone’s calendars takes time.
- How much back-and-forth happens – If either side wants to tweak the terms, you’ll need extra rounds of review.
- Pre-birth order stuff – Depending on where you live, getting your parental rights sorted before birth adds another layer.
When you work with an experienced agency like American Surrogacy, we keep everything moving so you don’t get stuck waiting.
Curious about the surrogacy timeline? Get the whole picture.
Surrogacy Contract Timeline: Step-by-Step Breakdown
So what actually happens during those 1-2 months? Those circumstances we mentioned above will dictate how it will actually play out but here’s how it could go:
- Step 1: Contact Your Attorney: You and your surrogate each get your own lawyer who specializes in reproductive law. This keeps everything fair—each side has someone looking out for their best interests.
- Step 2: Draft a Surrogacy Contract: Your attorney writes up the first version. It covers everything from compensation to medical expectations to who makes what decisions during pregnancy.
- Step 3: Negotiate (If Needed): Your surrogate’s attorney reviews it and might ask for changes. Most contracts need 2-3 rounds of edits before everyone’s happy with the terms.
- Step 4: Sign the Contract: Once it’s perfect, everyone signs. Now you’ve got a legally binding agreement that protects you both.
- Step 5: Complete a Pre-Birth Order (If Possible): In surrogacy-friendly states, your lawyer can file paperwork that establishes you as the legal parents before your baby’s even born. Pretty huge.
What Happens During Legal Contract Negotiation?
Negotiation might sound intimidating — but it’s actually a straightforward, supportive process. Here’s how it works:
1. Everyone Has Their Own Attorney
You’ll have your attorney, and your surrogate will have hers. This separation protects both of you by keeping things fair and avoiding any conflicts of interest.
2. You’ll Cover the Important Topics
Most of the discussion focuses on three key areas:
- Money and expenses: Your surrogate’s compensation, monthly allowances, and all pregnancy-related costs.
- Medical expectations: Procedures, prenatal care, and delivery preferences.
- Rights and responsibilities: Who makes decisions during pregnancy, how often you’ll communicate, and whether you’ll stay in touch after birth.
3. Your Agency Keeps Everything Moving
American Surrogacy coordinates communication between you, your surrogate, and both legal teams. We help clarify details, resolve confusion, and make sure every step feels smooth and collaborative.
The goal isn’t just to sign an agreement — it’s to make sure everyone feels confident, protected, and ready to move forward together.
What Can Affect the Speed of the Surrogacy Contract Timeline?
Even with a great team, some factors can stretch your surrogacy contract timeline a bit. Here’s what to expect — and why it’s all worth taking the time to get right.
1. More Negotiation Than Expected
If one side wants bigger adjustments or has concerns about certain contract terms, there may be extra back-and-forth.
It can add a few weeks, but that careful review ensures everyone feels comfortable and protected before moving forward.
2. State-Specific Legal Requirements
Where you live matters. Surrogacy-friendly states like California usually move faster, while states with newer or less defined surrogacy laws might require additional paperwork or even court filings.
Knowing your state’s legal process helps you plan ahead.
3. Attorney Availability
Each legal team needs time to review documents, meet with their clients, and coordinate with one another.
When attorneys are managing multiple cases, timelines can slow slightly — but your agency helps keep communication on track.
4. Complex Situations
If your journey involves egg or sperm donors, nontraditional parental rights, or international arrangements, your contract will need additional legal provisions to make sure everything is airtight.
No matter what your situation looks like, the key is working with professionals who’ve seen it all — and know how to keep your surrogacy contract moving smoothly toward embryo transfer.
How Your Surrogacy Agency Supports the Legal Process
Here’s what makes American Surrogacy different: you never do this alone. We’ve walked thousands of intended parents through this, and we know exactly how to make it work.
From day one of the contract process, we:
- Connect you with top reproductive attorneys who know surrogacy law inside and out
- Coordinate between everyone so you, your surrogate, and both legal teams stay in sync
- Make sure you get it so there’s zero confusion about your rights, responsibilities, and protections
- Stay available whenever you’ve got questions or concerns
Connect With Surrogacy Legal Experts Through Our Agency Today
The contract phase isn’t just another step — it’s what makes the rest of your surrogacy journey possible.
With experienced attorneys and an agency that knows how to guide the process, these 1–2 months protect everyone involved and lay the foundation for a smooth path toward embryo transfer and parenthood.
American Surrogacy partners with trusted legal professionals, including firms like Foster + Bloom, to connect you with attorneys who understand the unique details of surrogacy law.
Start your surrogacy journey with confidence
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