Your surrogacy contract articulates your intent, secures your finances, and protects the child’s future. Working with a professional who understands the importance and the legalities of your contract, is essential toward your overall success.
If you are ready to move forward with American Surrogacy, a team that handles these legal details correctly, you can contact us today to get started.
What Goes iInto a Surrogacy Contract?
Under Rhode Island law (specifically Article 8 of RIUPA), a compliant contract is a statutory requirement to establish parentage. To be valid, the contract must be in writing and signed by all parties (including the surrogate’s spouse, if applicable) before any medical procedure to establish pregnancy occurs.
A comprehensive agreement generally covers:
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 is the signal your fertility clinic needs before they will schedule the embryo transfer.
In Rhode Island, this process is strictly regulated. Both the intended parents and the surrogate must have independent legal counsel. You cannot share a lawyer; this protects the surrogate’s rights and confirms she understands the agreement she is signing.
Once the contract is drafted, negotiated, and signed by all parties, your attorneys will issue a clearance letter to the IVF clinic. Because RIUPA requires the contract to be executed before the start of medication or transfer, this step is non-negotiable. Attempting to sign a contract after a pregnancy has been established can jeopardize your legal rights. For a deeper look at these steps, review our legal process.
Can Surrogacy Contracts be Enforced in Rhode Island?
Yes. Unlike some states that rely only on case law, surrogacy contracts in Rhode Island are statutorily enforceable under the Uniform Parentage Act.
The law specifically declares that a gestational surrogacy agreement is valid if it meets the eligibility requirements, such as the surrogate being at least 21 years old and having had at least one prior live birth. This statutory backing provides security: as long as you follow the rules set out in the Act, your contract is legally binding.
What Happens if a Surrogacy Contract is Breached?
While rare in agency-assisted journeys, breaches can happen. The contract dictates the consequences, which are almost exclusively financial.
If intended parents fail to pay agreed expenses or fund the escrow account, the surrogate may stop treatment (if prior to pregnancy) or seek damages. Under RIUPA, intended parents cannot "back out" of their parental responsibilities; they are liable for the child regardless of the relationship status or feelings at birth.
If a surrogate engages in prohibited behavior (like smoking or hazardous travel), she may forfeit specific payments.
However, specific performance (forcing a person to do something) is limited. A court will not force a surrogate to undergo a medical procedure she refuses, nor force an abortion. Disputes are resolved through financial remedies.
Fair Surrogacy Compensation and Payment Structure
Rhode Island is a compensation-friendly state. Your contract will outline a payment structure that protects both parties.
- Base compensation is typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
- Monthly stipends cover non-receipted expenses like housekeeping, vitamins, or gas.
- Funds must be held in an independent escrow account. This confirms the funds are available and protects the parents from mishandling.
Medical Decisions and Control During Pregnancy
The contract will detail the medical plan, including the number of embryos to transfer and the choice of IVF clinic. However, Rhode Island law respects the bodily autonomy of the pregnant person.
The surrogate generally agrees to follow the medical advice of the treating physician, but she retains the right to make decisions regarding her own health. The contract balances this by allowing intended parents to be part of the conversation, attend appointments, and access medical records.
Termination and Selective Reduction Clauses
This is often the most sensitive section of surrogacy contracts in Rhode Island.
RIUPA Section 15-8.1-806 explicitly states that a party to a gestational carrier agreement may withdraw consent to a medical procedure. This means a surrogate cannot be legally forced to terminate a pregnancy or undergo selective reduction.
To manage this, matching is critical. At American Surrogacy, we match intended parents and surrogates based on their views regarding termination before a contract is ever drafted. If a surrogate refuses a termination that was agreed upon in the contract for specific medical anomalies, the remedy is typically financial (loss of future payments or reimbursement of costs) rather than a forced procedure.
Lifestyle clauses: Travel, diet, and daily life
Since intended parents cannot be there constantly, the contract sets the rules for daily life to support a healthy pregnancy.
- Travel restrictions usually apply during the late stages of pregnancy (after 24-28 weeks) so the baby is born in Rhode Island or a pre-approved hospital.
- Strict prohibitions apply to alcohol, nicotine, and illegal drugs.
- Agreements typically prohibit dangerous sports or exposure to environmental toxins.
Delivery Plans and Post-Birth Expectations
Rhode Island's pre-birth order process is streamlined. Your contract will direct the attorneys to file for a Parentage Order during the pregnancy.
Thanks to RIUPA, the intended parents’ names (whether distinct, same-sex, or single) go directly on the original birth certificate. The contract also outlines who is allowed in the delivery room and who holds the baby immediately after birth. It typically covers pumping breast milk and compensation for lost wages during the surrogate's recovery period.
For more on how these orders work, read about pre-birth orders.
Insurance Requirements for Surrogacy
Insurance Requirements for Surrogacy Journeys in Rhode Island
You need the right insurance policies to ensure everyone is financially protected during a Rhode Island surrogacy journey. While state law doesn't explicitly mandate specific insurance, your contract must follow established legal best practices to be enforceable.
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Health Insurance: Rhode Island law requires most large group plans to cover some infertility services, but you must verify if the specific plan is "surrogate-friendly." A professional review is required to check for "surrogacy exclusions." If exclusions exist, intended parents must purchase a new policy or "wrap" plan for prenatal care and delivery.
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Life Insurance: This policy is a standard requirement in Rhode Island agreements. It provides financial security for the surrogate’s family in the rare event of a tragedy. The contract specifies the benefit amount, and the surrogate chooses her own beneficiaries.
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Disability Insurance: If a Rhode Island physician orders bed rest or an extended recovery, this insurance covers the surrogate's lost wages. This protection allows her to focus on her health without worrying about household finances.
Agency vs. Independent Surrogacy
While RIUPA makes surrogacy contracts in Rhode Island clearer, it also adds administrative weight. Attempting an independent journey means you are personally responsible for hiring independent counsel, signing the contract before any medical steps, and managing escrow correctly.
If you miss a step required by the Uniform Parentage Act, you risk your legal standing as parents.
American Surrogacy acts as your project manager. We screen candidates to confirm they meet the age and health requirements of Rhode Island law. We coordinate the legal teams so clearance happens on time. Most importantly, we handle the awkward conversations about money so your relationship with the surrogate remains positive and focused on the baby.
Ensure Your Contract is Secure with American Surrogacy
The Rhode Island Uniform Parentage Act opened the door for safe surrogacy, but only if you follow the rules. Don't leave your family's future to chance.
Contact American Surrogacy today to start your journey with a team that understands the law.