A surrogacy contract is the most important document in your entire journey. Before any medical procedures begin, this agreement establishes the rights and obligations of both the intended parents and the surrogate.
Hawaii’s legal environment relies on precedent rather than comprehensive statutes, which makes the contract even more critical. A precise, well-drafted agreement prevents ambiguity, defines parental rights, secures fair surrogacy compensation, and outlines expectations for the pregnancy while protecting all parties involved.
Call 1-800-875-2229 or text 913-204-0224 to learn how we protect your journey from day one, or fill out a contact form to get started.
What Should Be Included in a Surrogacy Contract?
A gestational carrier agreement (GCA) serves as the primary governing document for the surrogacy arrangement.
It details exactly what is expected of the intended parents and the surrogate throughout the process, helping you in understanding surrogacy contract basics.
To be effective, the contract must include specific contract terms that address logistical and legal scenarios:
Detailed breakdowns of all payments, including base compensation, payment schedule options, monthly allowances, and reimbursements for maternity clothing or travel. Agreements regarding the number of embryos to transfer, choosing of the OB doctor for surrogacy protocols, and the medication approval process. The specific legal steps required to establish the intended parents’ rights to the child in Hawaii courts. Requirements regarding diet restrictions during surrogacy, travel restrictions during a pregnancy, exercise restrictions during surrogacy, and avoiding hazardous activities during the pregnancy. Provisions covering bed rest requirements, lost wages, life insurance requirements, or invasive medical procedures.
Legal Clearance Process: The Final Step Before Transfer
"Legal clearance" is the mandatory verification required before a fertility clinic will schedule an embryo transfer. This status confirms that the contract is fully executed and legally binding.
Two separate attorneys—one for the intended parents and one for the surrogate—must negotiate the contract. Once both parties sign, the attorneys issue a clearance letter to the clinic, allowing the medical process to start.
For intended parents, legal clearance indicates that the strategy for establishing parentage complies with Hawaii law.
For surrogates, it verifies that compensation terms and health protections are enforceable. This is often the final phase of the contract negotiation stage.
You can move forward with confidence knowing every legal detail is handled by experts.
Can Surrogacy Contracts Be Enforced in Hawaii?
Hawaii does not have a statute that explicitly permits or prohibits surrogacy contracts. Instead, the state’s courts generally uphold these agreements if they meet specific legal standards established by precedent.
Because enforcement relies on judicial interpretation rather than a single written law, you should check the state laws and work with an attorney who specializes in Hawaii surrogacy regulations.
A generic template may contain unenforceable contract terms and not hold up in court. Proper legal representation confirms that the agreement is structured to be recognized by local judges.
Most people believe a lack of specific laws makes the process unsafe, but that isn't true with the right support. Reach out to get the expertise you need and the support you deserve.
What Happens if Surrogacy Contract Is Breached?
The contract defines the specific consequences if a party fails to meet their obligations. Breach of surrogacy contract consequences might involve a failure to pay agreed-upon expenses or a violation of medical restrictions listed in the agreement.
Remedies often include financial penalties or reimbursement requirements. While courts rarely force a specific medical action (specific performance), the contract provides the legal basis for seeking damages.
Most agreements also mandate contract disputes mediation or arbitration to resolve disputes quickly without litigation.
Fair Surrogacy Compensation in Hawaii and Payment Structure
Financial clarity is a requirement for a successful surrogacy arrangement. The contract must list the exact amounts the surrogate will receive and when she will receive them.
In Hawaii, surrogate compensation varies based on the surrogate's experience and location. The contract breaks this down into base pay and supplemental allowances.
Money disputes can ruin relationships, but an escrow account prevents them. Using a third-party escrow service is the standard for protecting funds. Intended parents fully fund the account before the pregnancy begins, satisfying escrow account requirements.
The escrow company then manages all disbursements based on the contract's milestones (e.g., confirmation of heartbeat, transfer day, monthly allowance).
This system guarantees the surrogate receives payments on time and protects the intended parents' funds.
Recent cases like this New York Times article highlighting a surrogacy agency who did not use a third party escrow service shows the importance of a third-party service.
Medical Decisions and Control During Pregnancy
The contract must address bodily autonomy and medical authority. It establishes who has the right to make decisions regarding the pregnancy and the health of the fetus, including medical records access rights.
Typically, intended parents cover medical costs and may select the medical providers, but understanding medical decision-making is critical. The surrogate retains control over her body; a contract cannot legally force a surrogate to undergo a medical procedure against her will
The surrogacy contract will state the agreed-upon intentions regarding vaccinations, prenatal testing, and birth plans.
Termination and Selective Reduction Agreements
The surrogate and intended parents must agree on the circumstances under which a pregnancy might be terminated or reduced (in cases of multiples) before signing the contract. This includes termination for medical reasons and abortion decisions in contracts.
Current Hawaii law does not strictly regulate these clauses, so the contract serves as the primary record of this agreement.
This will change when the new legislation known as the Uniform Parentage Act (UPA) takes effect on January 1, 2026. This act will provide statutory guidelines for these provisions. Attorneys will draft contracts for journeys extending into 2026 to comply with these upcoming legal standards.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
"Lifestyle clauses" in the contract minimize risks to the pregnancy by defining specific behavioral expectations. These terms are appropriate and necessary to align the surrogate’s daily activities with the medical advice provided to the intended parents.
Common provisions include:
Travel restrictions during pregnancy limit travel during the third trimester to ensure the surrogate is near the delivery hospital. Diet restrictions during surrogacy include avoidance of foods deemed high-risk, such as unpasteurized dairy or high-mercury fish. Preventing exposure to toxic chemicals or second-hand smoke.
Delivery Plans and Post-Birth Expectations
The contract dictates the logistics of the birth to prevent confusion at the hospital. It specifies delivery room presence rights, who will cut the umbilical cord, and who will hold the baby immediately after birth.
The agreement also covers postpartum details, such as compensation for pumping agreement contract terms and recovery time compensation.
Knowing what to expect after birth allows everyone to focus on the joy of the moment rather than logistics.
Insurance Requirements for Surrogacy Journeys
Standard health insurance policies frequently exclude coverage for surrogacy pregnancies. The contract requires verification of a policy that explicitly covers a surrogate pregnancy, often referred to as surrogate friendly insurance.
If the surrogate’s personal policy contains a surrogacy exclusion, the intended parents must purchase a specific surrogacy-friendly policy or disability insurance coverage.
Intended parents should review insurance options early to prevent high out-of-pocket costs. Likewise, surrogates should make sure they are clear on what their insurance does or does not cover so they can communicate with the intended parents
Agency vs. Independent Journey: Legal and Emotional Considerations
Independent surrogacy contract arrangements place the burden of logistics on the intended parents and surrogate.
In an independent arrangement, you must identify and retain attorneys, coordinate with the clinic, and manage the escrow account without third-party oversight.
Agencies like American Surrogacy manage these logistics. We vet professionals, coordinate legal clearance, and provide mediation if disagreements occur.
While some choose to compare independent vs. agency surrogacy to save fees, independent journeys often leave parties with no recourse other than litigation if a dispute arises.
Ensure Your Surrogacy Contracts in Hawaii Cover Every Detail
A surrogacy contract establishes the rules for the journey and provides the legal security necessary to proceed. It answers the difficult questions, like "how long is surrogacy contract negotiation," upfront so that both parties understand their obligations.
Whether you are ready to draft an agreement or need clarification on Hawaii regulations, we can help.
Your family’s future is too important to risk on a template contract. Call 1-800-875-2229 or text 913-204-0224 to get the professional guidance you deserve today, or visit our website to find the contact form that’s right for you.