What Happens if Our Surrogate Miscarries?

A miscarriage during a surrogacy journey is deeply painful. You’ve invested a lot in the process, and you may not be sure what comes next medically, financially or legally.

This guide explains what happens if your surrogate miscarries. We’ll cover how common miscarriage is, what your contract outlines and what options you have moving forward. While nothing can take away the pain of a loss, having a clear understanding of your protections can help you find your footing.

If you’re facing an unexpected setback or just want to understand what protections we offer, call 1-800-875-BABY or fill out our short contact form.

What Happens if Your Surrogate Miscarries?

If your surrogate experiences a miscarriage, the first priority is her health. Your fertility clinic will provide the medical care she needs to recover safely, and the doctors will help you understand what may have contributed to the loss.

We know this is an emotional time. You may feel grief, shock or uncertainty about what comes next. Your surrogacy specialist will handle communication with the clinic and help coordinate the next steps so you don’t have to manage the details on your own.

When you’re ready, we’ll look back at your surrogacy contract together. It outlines how situations like this are handled and what the path forward may look like. Having these terms defined ahead of time ensures that both you and your surrogate are supported, even in the middle of heartbreak.

How Common Is Miscarriage in Surrogacy?

Miscarriage is a heartbreaking possibility in any pregnancy. It’s estimated that 15% of all pregnancies end in miscarriage, and surrogacy miscarriage rates range from 3% to about 18%.

Most often, a miscarriage happens because the embryo simply didn't develop the way it needed to. It’s not the result of anything you or your surrogate did or didn't do.

This is why many parents complete preimplantation genetic testing for aneuploidy during in vitro fertilization. It allows doctors to check the chromosomal health of embryos before transfer, helping you begin with the embryo that has the best chance of developing into a healthy pregnancy.

American Surrogacy also helps reduce risk by carefully screening every surrogate we work with. This step helps lower the chances of preventable setbacks.

Do We Lose Our Money if Our Surrogate Miscarries?

The last thing you should have to worry about after a loss is your bank account.

American Surrogacy’s Limited Risk Program protects you from “start-over” costs if your surrogate loses the baby. If you need to find a new surrogate, you won’t need to pay any additional agency fees. Your initial investment carries forward to your next match.

We use a structured fee system and transparent escrow management. You will always know where your funds are held and how they’re being used. Even in a difficult moment, you’ll have the security you need to focus on what’s next.

Does the Surrogate Continue Receiving Compensation?

The question of whether you pay your surrogate if she miscarries is addressed in the surrogacy contract. In most cases, your surrogate is compensated for the time she has already committed to the journey and the milestones she has reached.

She will receive her monthly base compensation installments up until the miscarriage is medically confirmed. Payments already made for her time and physical commitment are not taken back. If you both decide to move forward with another transfer, compensation typically pauses during her recovery and resumes once a new pregnancy is confirmed.

Can You Try Again With the Same Surrogate?

Yes, you can try again after a surrogate miscarriage as long as you have remaining embryos and your surrogate is medically cleared to carry.

There is a necessary recovery period for the surrogate. While every fertility clinic is different, recovery and cycle preparation typically take between one and three months. Your provider will determine when her body is ready for another transfer.

If the surrogate is no longer able to carry, or if either of you chooses to move in a different direction, American Surrogacy can help. Our Limited Risk Program allows for unlimited matching, letting you continue your journey without starting over financially.

What Does the Surrogacy Contract Say About Miscarriage?

Your surrogacy contract addresses what happens if your surrogate miscarries. Before embryo transfer, you finalize an agreement outlining:

• How funds are held and distributed

• What happens if a pregnancy ends and a new surrogate is needed

• Who makes medical decisions

When you work with American Surrogacy, your contract is drafted by experienced surrogacy attorneys who prepare for situations like this in advance. Having these terms clearly defined helps reduce confusion and ensures everyone understands their rights and responsibilities if a loss occurs.

The Emotional Impact of Miscarriage: Supporting Your Surrogate and Yourself

Grief in surrogacy is complicated. You’re navigating your own heartbreak while your surrogate is also processing the loss. It’s a lot to carry at once, and it’s okay if you both feel differently about it.

Be patient with yourselves and each other. Remember that miscarriage isn’t anyone’s fault; sometimes, biology just takes a path we didn't want.

Your American Surrogacy specialist is there to help you through this. If you aren't sure how to talk to your surrogate, or if you need to talk to a counselor who understands pregnancy loss, we can help. There is no rush to decide what happens next. For now, focus on taking care of yourself and each other.

How American Surrogacy Protects Intended Parents From Risk

Building a family through surrogacy is a major investment. That’s why we focus on protecting your heart, time and budget.

To help you move forward after a loss, we offer three protections for intended parents:

• Thorough pre-screening to reduce the risk of failed medical clearance

• Unlimited matching through our Limited Risk Program

• Escrow coordination so you’ll have a clear view of how your money is used

A miscarriage is incredibly hard, but it does not have to end your journey. You shouldn’t have to wonder what happens if your surrogate miscarries. We provide emotional support and a financial safety net so you can take the next step when you’re ready.

For more information, fill out our contact form or call 1-800-875-BABY.