Before officially starting your surrogacy journey, you must have a contract in place. In Washington, a surrogacy contract determines how the process will go, how responsibilities are shared and what protections are in place if something unexpected happens. For intended parents, the contract clearly defines financial responsibilities, parentage and medical expectations. For prospective surrogates, it safeguards bodily autonomy, compensation and dispute resolution. Understanding how these agreements function can help you move forward with confidence rather than uncertainty. This guide covers what surrogacy contracts in Washington typically include, legal clearance, contract enforceability, how to handle sensitive issues like termination and more. If you run into any questions, you can fill out our form and speak with a knowledgeable surrogacy specialist.
What Should Be Included in a Surrogacy Contract in Washington?
In Washington, a well-drafted surrogacy contract typically includes provisions covering:
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.
Understanding surrogacy contract basics can help you prepare for the contract negotiation stage. In practice, reviewing the contract can take several weeks, depending on how aligned both parties are. Once this part is complete, you can move toward legal clearance.
Before embryo transfer, the surrogacy contract must be fully negotiated and signed. This step is often referred to as the legal clearance process. Washington law does not require a specific court filing or approval before embryo transfer. However, many fertility clinics and surrogacy agencies will not proceed until they receive confirmation that the contract is finalized. Here’s how the legal clearance process works: The initial contract is drafted by the intended parents’ attorney. The surrogate’s attorney conducts an independent legal review. Both sides negotiate and revise the contract until all terms are agreed upon. The contract is signed, notarized and confirmed as complete for medical purposes. This process protects you by ensuring that financial arrangements, insurance coverage and dispute-resolution plans are in place before any medical risks are taken.Finalizing the Contract Before Transfer
Can Surrogacy Contracts Be Enforced in Washington?
Washington recognizes gestational surrogacy arrangements, but enforceability depends on how closely the agreement aligns with state law and public policy.
Contracts that attempt to override bodily autonomy or include unenforceable contract terms — such as forcing medical procedures or medical outcomes — will not be upheld. However, provisions addressing intent, compensation, insurance obligations and dispute resolution are generally respected when drafted correctly and executed in good faith.
Because enforceability depends on how the agreement is written, experienced reproductive law attorneys play a critical role. Here are a few reputable surrogacy attorneys located in Washington:
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Dimitra S. Scott (Edmonds, Bothell)
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Raegan N. Rasnic (Seattle)
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Mark M. Demaray (Edmonds, Bothell)
How Disputes and Contract Problems Are Resolved
When disagreements occur, breach of surrogacy contract consequences are usually financial or procedural. Courts will not force a surrogate to undergo medical procedures, but they may address reimbursement disputes, escrow violations or failure to meet agreed obligations.
Most Washington surrogacy contracts require contract disputes mediation before litigation. Mediation provides a private, structured way for you to resolve issues while preserving working relationships and minimizing emotional and financial strain.
Surrogate compensation is one of the most important parts of a Washington surrogacy contract. For intended parents, this section answers practical questions about financial responsibility. For surrogates, it provides reassurance about how their time, effort and physical commitment will be recognized. A comprehensive Washington surrogacy contract usually breaks compensation into several clear categories: Base Compensation: This is the primary compensation provided to the surrogate for carrying the pregnancy. The contract should state the total amount, when payments begin and whether they are paid monthly or tied to specific pregnancy milestones. Allowances and Reimbursements: In addition to base compensation, the contract should specify monthly or itemized allowances for pregnancy-related expenses such as maternity clothing, travel, childcare and other out-of-pocket costs. Event-Based Compensation: The contract should explain additional compensation for specific circumstances, such as carrying multiples, undergoing a cesarean delivery or extended bed rest ordered by a physician. To protect both parties, contracts may list escrow account requirements, where funds are deposited before pregnancy begins and released according to the payment schedule option you agree on. This structure helps ensure that surrogates are paid on time and that intended parents are not managing payments directly.Fair Surrogacy Compensation in Washington and Payment Structure
Who Makes Medical Decisions During Surrogacy?
Surrogacy contracts are written to encourage collaboration while always preserving the surrogate’s right to make decisions.
Contracts typically address:
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Medical Records Access Rights: These provisions explain what pregnancy-related information is shared with intended parents and how the surrogate’s privacy is protected.
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Choosing an OB Doctor for Surrogacy: These terms describe how healthcare providers are selected, approved and changed if necessary during the pregnancy.
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Medication Approval Process: This section outlines expectations around IVF medications, prescriptions and supplements, with decisions guided by medical professionals.
Addressing Termination and Selective Reduction
Conversations about termination and selective reduction are uncomfortable for many people, but they are an important part of a Washington surrogacy contract. Talking through abortion decisions in contracts helps avoid confusion, pressure or misunderstandings later.
In Washington, surrogacy contracts may explain the parties’ shared expectations around termination for medical reasons, such as serious fetal conditions or situations where continuing the pregnancy could pose significant risks to the surrogate’s health. Contracts may also address selective reduction agreements, which describe how multi-fetal pregnancies would be handled if medical concerns arise.
It is important to understand that these provisions do not give anyone the power to force a medical decision. No surrogacy contract can require a surrogate to undergo a medical procedure. Because of that, aligning values and comfort levels during the matching process is one of the best ways to reduce the chance of conflict if difficult conversations ever need to happen.
Lifestyle clauses deal with everyday things like travel, exercise, work and communication, so they can feel much more personal than other contract terms. These clauses work best when they are treated as shared expectations meant to support a healthy pregnancy, not rules designed to control how someone lives. Common lifestyle provisions to discuss and write into the contract include: Travel restrictions during pregnancy Exercise restrictions Diet restrictions Schedule expectations Communication guidelinesLifestyle Clauses: Travel, Diet and Daily Life Considerations
Planning for Labor, Delivery and the Post-Birth Period
This part of the contract spells out what everyone can expect at the hospital, how communication will work and how things are handled if plans need to change. Taking the time to address these details ahead of time can reduce stress during delivery.
Strong delivery and postpartum terms usually include:
The contract should specify who is expected to be present during labor, who may be in the room during delivery, and what happens if the hospital limits visitors or the surrogate requests privacy. The contract should outline how provider communication is handled, how updates are shared during labor and how the parties will manage medical emergencies. The contract should state what happens if the baby needs transfer to a different facility and how intended parents’ access is handled. The contract should describe how the parties will coordinate parentage paperwork. Washington law allows the intended parents to ask the court for an order of parentage before, on or after birth, and the court can issue that order before birth while staying enforcement until birth. The contract should describe how postpartum recovery support is handled, including any agreed compensation or reimbursements for medically necessary recovery time. The contract should clearly state whether pumping is needed, how long it will last, what supplies are covered and how compensation and shipping logistics are handled.
Washington’s surrogacy law requires the agreement to explain how intended parents will cover surrogacy-related expenses and the child’s medical expenses. Because insurance coverage can affect who ultimately pays those costs, contracts often also address policies, coverage and liability. Here’s what the insurance section needs to address: The contract should explain whether the surrogate’s current health insurance will cover a surrogacy pregnancy. If it does not, the agreement should clearly state that the intended parents will pay for a separate insurance policy. The contract should explain how much life insurance coverage is required, who the beneficiary will be, who pays for the policy and when the coverage needs to start. The contract should explain what financial protection is available if the surrogate is temporarily unable to work due to medically required pregnancy restrictions. The contract should describe how the child will be added to insurance after birth.How Insurance Works in a Washington Surrogacy Contract
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
In an independent arrangement, the intended parents and surrogate are responsible for meeting Washington’s legal requirements, creating an independent surrogacy contract and managing every aspect of the journey. This includes finding qualified attorneys, coordinating an insurance review and setting up an escrow.
Agency-supported surrogacy can reduce risk and stress because it typically provides:
An agency can help both sides connect with attorneys who regularly draft Washington-compliant agreements. An agency can require clear escrow funding rules and payment schedules so that the surrogate is not left wondering when reimbursements will be paid. An agency can help identify coverage issues early and coordinate policy reviews. An agency can help facilitate discussions about termination, selective reduction, lifestyle expectations and delivery boundaries. An agency can encourage mediation and help the parties communicate through misunderstandings.
Thoughtfully drafted surrogacy contracts in Washington create clarity, protection and peace of mind throughout the journey. When expectations are aligned and safeguards are in place, intended parents and surrogates can focus on what matters most. Do you have questions regarding the surrogacy process? Fill out our form to speak with a surrogacy specialist today. They can help you take the next step in your meaningful journey.Creating a Strong Surrogacy Contract in Washington