Because there is no statutory checklist, your surrogacy contract governs the entire arrangement and is the most important part of your surrogacy process.. It must be drafted to match specific court precedents and the administrative requirements of the Pennsylvania Department of Health.
This guide explains the essential components of surrogacy contracts in Pennsylvania and how the state’s "Assisted Conception Birth Registration" process works.
If you are ready to build your family with a team that understands these legal requirements, contact American Surrogacy today.
What Goes Into a Surrogacy Contract?
In Pennsylvania, the contract proves your intent to secure parentage orders. To be enforceable, it must show that the surrogate is a carrier with no intent to parent. A compliant contract generally covers these areas:
Clear distinctions between base compensation and pregnancy-related reimbursements help prevent misunderstandings. This section outlines when payments begin, how they are issued and what expenses are covered. Contracts describe expectations around prenatal care, compliance with medical advice and how information is shared, while recognizing that the surrogate retains medical consent rights. The agreement explains how and when intended parents will be recognized under Washington law, often referencing post-birth or pre-birth legal steps when applicable. Clauses addressing travel, exercise and diet are designed to reduce pregnancy risk, not to control daily life. Expectations around labor, hospital procedures, recovery support and optional pumping arrangements are clearly defined. Sensitive medical scenarios are addressed upfront so no one is forced to make rushed decisions during pregnancy.
Legal clearance: The final step before transfer
Legal clearance tells the fertility clinic that the parties are protected. Without a statute, the contract is your primary safeguard against legal ambiguity.
The intended parents' attorney first drafts the agreement. The surrogate then works with her own separate attorney to review and negotiate the terms; this independent representation is a key factor courts use to uphold contracts. Once both parties sign, the attorneys issue a legal clearance letter to the clinic.
This process answers all legal questions before a pregnancy begins. For a deeper dive into these steps, review our legal process for parents.
Can Surrogacy Contracts be Enforced in Pennsylvania?
Yes. Pennsylvania courts have consistently ruled that gestational surrogacy contracts are valid.
The 2006 ruling in J.F. v. D.B. established that a gestational surrogate does not have standing to seek custody of a child she carries but has no genetic tie to. Later, the 2015 ruling affirmed that surrogacy contracts are binding and intended parents are financially responsible for the child, regardless of changes in their marital status.
Because enforcement relies on these rulings, your contract must specifically reference these Pennsylvania precedents.
What Happens if a Surrogacy Contract is Breached?
Breaches are rare in professionally managed arrangements, but your contract must anticipate them.
If intended parents fail to fund the escrow account or make payments, the surrogate can demand payment for services rendered. Under the legal precedent set in the "In Re Baby S" case, intended parents cannot "opt out" of the contract; they remain legally and financially responsible for the child.
If a surrogate engages in prohibited high-risk behaviors, the contract typically allows for a reduction in payments. While financial remedies are enforceable, no court in the United States will force a surrogate to undergo a medical procedure against her will. The contract manages these risks through financial consequences. You can learn more about handling contract disputes here.
Fair Surrogacy Compensation and Payment Structure
Compensation packages in Pennsylvania are competitive and structured for financial security. A standard payment structure includes:
- Base compensation for carrying the child, paid in monthly installments typically beginning after a heartbeat is confirmed.
- Monthly allowance to cover incidental costs like gas, vitamins, and meals.
- Event-based payments for medical milestones, such as starting injectable medications or the embryo transfer.
- Escrow security, with the entire estimated cost of the process deposited into an independent account before legal clearance.
Surrogacy compensation breakdown here.
Medical Decisions and Control During Pregnancy
One of the most sensitive parts of the contract is defining who makes medical decisions. In Pennsylvania, the surrogate retains bodily autonomy. She cannot be forced to have a procedure she refuses.
However, the contract sets rules regarding physician choice and adherence to medical advice. It also grants the parents the right to speak with doctors and view medical records. This transparency keeps everyone informed and protects the pregnancy. Read more about medical rights.
Termination and Selective Reduction Clauses
Termination and selective reduction are sensitive topics that must be addressed clearly. Pennsylvania law restricts abortion after 24 weeks.
Your contract will outline the circumstances under which the intended parents would request a termination or reduction. Because the surrogate has the ultimate right to her body, parties must be matched based on agreed-upon views. If a surrogate objects to a medical termination she previously agreed to, the remedy is typically financial (breach of contract) rather than a forced procedure. For more on how state laws impact these clauses, visit our Pennsylvania surrogacy laws page.
Lifestyle Clauses: Travel, Diet, and Daily life
Since the intended parents cannot be present for every moment of the pregnancy, contracts include lifestyle clauses.
Common provisions include travel restrictions to make sure the baby is born in Pennsylvania, where the "Assisted Conception Birth Registration" process applies. Contracts also typically include agreements to avoid high-risk foods and strict prohibitions on smoking, alcohol, and recreational drugs.
Delivery Plans and Post-Birth Expectations
The Department of Health's "Assisted Conception Birth Registration" procedure dictates the birth plan. The contract outlines the steps required to use this administrative process.
Typically, the contract directs the hospital to allow the intended parents to be present in the delivery room. It also requires the surrogate to sign the necessary Department of Health forms immediately after birth. This allows the intended parents to be listed directly on the birth certificate without a formal adoption in many cases.
You can read more about obtaining pre-birth orders and how administrative processes simplify the hospital experience.
Insurance Requirements for Surrogacy
Medical costs are a major component of any surrogacy plan. Unlike some neighboring states, Pennsylvania does not currently mandate that all insurance plans cover surrogacy-related costs.
You must review the surrogate's policy to see if it contains specific exclusions for acting as a surrogate. If her insurance is insufficient, the intended parents must purchase a surrogacy-specific plan. The contract also typically requires parents to buy life insurance for the surrogate.
Agency vs. Independent Surrogacy
Because Pennsylvania relies on case law and administrative protocols rather than a single statute, doing an independent process here can be risky. If you fail to follow the specific steps required by the Department of Health, establishing parentage becomes significantly more complex.
Agencies like American Surrogacy provide a necessary safety net. We screen surrogates to confirm they are safe and stable. We manage the complex insurance reviews and coordinate with attorneys to get legal clearance on time. Crucially, we handle the awkward conversations about money so you can focus on building a relationship with your surrogate.