A solid legal agreement is the best way to protect your rights and your future during a surrogacy journey.
By setting clear rules in your surrogacy contract in Tennessee for things like compensation and medical choices, you can stay focused on the excitement of growing your family while we handle the legal heavy lifting.
This guide explains how to build a contract that works for everyone, what to expect from state laws, and how to get started safely. If you’re ready for more free information, call us at 1-800-875-2229, text 913-204-0224, or contact us online to speak with a specialist.
What Should Be Included in a Surrogacy Contract?
A surrogacy contract is essentially a roadmap for the entire pregnancy. It’s a formal document where both the parents and the surrogate agree on how they’ll handle every step, from the first medical procedure to the day of delivery.
What should be included in a surrogacy contract goes far beyond a simple "thank you" for the help; it covers the nuts and bolts of the relationship.
Most contracts will get very specific about:
- Fair surrogacy compensation: This covers the base pay and extra surrogate pay in Tennessee, like monthly allowances and clothing stipends.
- Medical rights and access: The agreement defines who has medical records access rights and who makes calls during an emergency.
- Hospital and delivery plans: You’ll decide on delivery room presence rights and who stays with the baby right after birth.
- Sensitive decisions: The contract includes your shared agreement on abortion decisions in contracts and selective reduction agreements for health reasons.
- Lifestyle choices: This includes simple daily rules like diet restrictions during surrogacy, exercise restrictions during surrogacy, and travel restrictions during pregnancy to keep the pregnancy healthy.
Legal Clearance: The Final Step Before Transfer
Before a fertility clinic can move forward with an embryo transfer, they need proof that you’ve finished the legal clearance process.
This means both the parents and the surrogate have signed the final contract and worked with their own separate lawyers to make sure their interests are safe.
The contract negotiation stage usually looks like this:
The parents' attorney typically writes the first version of the GCA. The surrogate’s attorney looks it over to make sure it’s fair and covers her rights. Both sides might suggest changes to details like pumping agreement contract terms or life insurance requirements. Once everyone is happy, the lawyers send a "clearance letter" to the clinic, giving them the green light to start medical treatments.
Can Surrogacy Contracts Be Enforced in Tennessee?
Tennessee law is a bit of a "grey area" because there aren't specific statutes that say whether or not surrogacy contracts can be enforced.
While Tenn. Code Ann. § 36-1-102(48) defines what a "surrogate birth" is, it’s mostly there to help with adoption rules rather than to regulate surrogacy directly.
Because the state doesn't have a clear surrogacy act, judges usually look at these as regular contracts.
As long as the terms are ethical and don’t include unenforceable contract terms, courts often uphold them. This is exactly why understanding surrogacy contract basics and working with a professional agency is so important—it gives you a stronger legal standing if things ever get complicated.
What happens if a surrogacy contract is breached?
If there’s a breach of surrogacy contract, consequences can lead to legal and financial headaches.
If one side doesn’t hold up their end of the bargain, the contract rules usually require contract disputes mediation first.
This helps settle issues without going to court, but if the breach is big enough, it could impact parentage rights or compensation.
Fair Surrogacy Compensation in Tennessee and Payment Structure
Setting up fair surrogacy compensation is one of the best ways to make sure everyone feels valued throughout the process.
In Tennessee, the contract will break down the payment structure options, usually starting with a base fee paid in installments after a medical provider confirms a heartbeat.
To make things even safer, most agreements include escrow account requirements. This means the parents put the full amount of the surrogate’s pay into a neutral, third-party account before the pregnancy even begins.
This way, the surrogate knows the money is there, and the parents know it’s being handled by a professional.
Medical Decisions and Control During Pregnancy
Your surrogacy legal documents will clearly state who makes the calls regarding health and wellness during the pregnancy.
In most cases, the surrogate has control over her own medical care, but she agrees to follow certain rules, like a specific medication approval process or lifestyle guidelines.
The contract also helps you agree on things like choosing OB doctor for surrogacy ahead of time. By settling these details early, the parents can feel connected to the pregnancy and the surrogate can feel respected and in control of her health.
Termination and selective reduction clauses
These are often the most difficult conversations to have, but they are vital for protection.
Your contract will lay out exactly how termination for medical reasons and selective reduction agreements work.
It’s also important to remember that Tennessee's abortion laws may affect how these clauses are viewed in court, so your attorney will help you write them to fit the state's current legal landscape.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Lifestyle clauses exist to keep the baby and the surrogate as safe as possible throughout the nine months. These aren't meant to be overbearing; they’re common-sense rules that everyone agrees on before getting started.
Common restrictions include:
- Travel restrictions during pregnancy: Guidelines on how far from home the surrogate can go, especially as the due date gets closer.
- Health habits: Agreements to stick to medical advice on diet restrictions during surrogacy and exercise restrictions during surrogacy.
- Substance use: A firm agreement to avoid things like tobacco, alcohol, or any unapproved medications.
Delivery Plans and Post-Birth Expectations
The day the baby is born is what everyone is working toward, so having a hospital plan in the contract is essential. This section describes exactly how the birth will go, including delivery room presence rights and who will be holding the baby first.
It also covers what happens after you leave the hospital, such as recovery time compensation for the surrogate and any pumping agreement contract if she decides to provide milk for the baby.
By putting these post-birth expectations in writing, you can prevent misunderstandings and make the transition as smooth as possible for both families.
Insurance Requirements for Surrogacy Journeys
Medical care is expensive, so the contract will require certain insurance protections to be in place before anything starts.
Your legal team will check to see if the surrogate's current policy is surrogate friendly insurance. If it’s not, the parents will typically pay for a new policy that covers surrogacy specifically.
Other standard requirements often include:
This protects the surrogate’s income if she has to take extra time off work or go on bed rest. This provides a safety net for the surrogate’s own family. Ensuring all out-of-pocket costs are the responsibility of the parents.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
While some people consider an independent surrogacy contract to save on costs, it often leads to more risk and stress.
Choosing to work with an agency provides an extra layer of protection that a "DIY" journey simply can't offer.
An agency provides:
- Better Screening: We make sure everyone is physically and emotionally ready before they even sign a contract.
- Legal Expertise: We can point you toward the best attorneys in Tennessee who truly understand surrogacy contracts in the state.
- Emotional Support: We act as a neutral buffer to handle sensitive topics and contract disputes mediation, so your personal relationship stays positive.
Ensure Your Tennessee Surrogacy Contract Covers Every Detail
Setting up a detailed contract isn’t just about following the law; it’s about making sure your journey is built on trust and clear communication.
When every detail is settled ahead of time, you can focus on the miracle of a new baby rather than worrying about legal technicalities.
We can help you find reputable attorneys in your area and answer any questions you have about the process in Tennessee. Get started today by calling 1-800-875-2229, texting 913-204-0224, or contacting us online.