Before moving forward with a surrogacy journey in Washington, D.C., you’ll need to draft a contract. Surrogacy contracts establish how the process will move forward, how responsibilities are shared and what protections exist if something unexpected happens.
For intended parents in Washington, D.C., the surrogacy contract clarifies financial responsibilities, parentage planning and how medical care will be coordinated. For prospective surrogates, it defines protections related to health, autonomy and compensation.
Below, you’ll find a detailed overview of what surrogacy contracts in Washington D.C. typically include, how the legal clearance process works, what enforceability looks like and how sensitive topics like compensation and abortion are addressed. If you run into questions about the process, you can get in touch with a surrogacy specialist.
Taking time to understand surrogacy contract basics can help you prepare for the contract negotiation stage of the legal process. While every agreement is tailored to the individuals involved, most surrogacy contracts in Washington, D.C. follow a similar structure. Typically, contract provisions address: Base compensation, reimbursements and payments for events like carrying multiples Medical rights and responsibilities Parentage planning under Washington, D.C. law Lifestyle considerations, such as travel, exercise and diet Delivery and postpartum plans, covering hospital logistics, recovery support and more Termination and selective reduction provisions Wondering how long finalization is? Generally, contract negotiation takes a few weeks. It may be faster or slower depending on you attorney’s availability and whether your expectations align with the other party’s.What Should Be Included in a Surrogacy Contract in Washington, D.C.?
What Legal Clearance Means — and Why It Comes First
Before embryo transfer can occur, the surrogacy contract must be fully negotiated and signed. Washington, D.C. law does not have a legal clearance process for surrogacy. However, fertility clinics and surrogacy agencies often require confirmation that contract has been finalized.
Generally, the legal clearance process follows these steps:
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The intended parents’ attorney drafts the initial surrogacy agreement.
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The surrogate’s attorney completes an independent legal review.
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Both sides negotiate and revise the contract during the contract negotiation stage.
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The agreement is signed and finalized.
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The fertility clinic receives confirmation that legal requirements have been met.
Washington, D.C. recognizes gestational surrogacy agreements. Provisions addressing intent, compensation, insurance obligations and dispute resolution are typically enforceable when drafted correctly and followed in good faith. That said, not every provision in a surrogacy contract is enforceable. Unenforceable contract terms include provisions that attempt to override bodily autonomy or require specific medical procedures or outcomes. Because enforceability depends on how the agreement is written, working with experienced reproductive law attorneys is essential. Here are a few reputable professionals who work with intended parents and surrogates in Washington, D.C.: Susan Crockin (Washington, D.C.) Nicole K. White (Bethesda, MD and Alexandria, VA) Meryl B. Rosenberg (Potomac, MD) Most intended parents and surrogates enter into a surrogacy agreement with the intention of following through on their responsibilities. When issues do arise, they are usually practical and involve finances, timing or required preparations rather than personal conflict. In those cases, breach of surrogacy contract consequences typically focus on fixing the issue. Most contracts require contract disputes mediation before litigation, which gives both sides a structured way to resolve concerns and keep the journey moving forward.Can Surrogacy Contracts Be Enforced in Washington, D.C.?
What if the Surrogacy Contract Isn’t Followed?
Fair Surrogacy Compensation in Washington, D.C. and Payment Structure
Most Washington, D.C. surrogacy contracts break compensation into three main categories:
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Base compensation to recognize the surrogate’s time, effort, and physical commitment
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Medical reimbursements and pregnancy-related allowances
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Event-based payments tied to specific circumstances, such as carrying multiples or undergoing a C-section.
Contracts also spell out payment schedule options, including when payments begin and how often they are issued. To protect everyone involved, most agreements require funds to be placed in an escrow account before pregnancy begins. These escrow account requirements ensure payments and reimbursements are made on time.
The goal of the contract is to support collaboration while clearly protecting the surrogate’s autonomy. Contracts typically address: These provisions explain what pregnancy-related updates are shared with intended parents and how the surrogate’s privacy is protected. The contract describes how healthcare providers are selected and how changes are handled if needed. Agreements outline expectations around IVF medications and prescriptions, with decisions guided by medical professionals. Overall, intended parents are kept informed and involved, while the surrogate remains the final decision-maker regarding her medical care. Termination for medical reasons and selective reduction are among the most sensitive topics discussed in surrogacy. Provisions addressing abortion decisions in surrogacy contracts focus on serious medical scenarios. In Washington, D.C., contracts may outline shared expectations around termination for medical reasons or selective reduction. These provisions do not give anyone the power to force a medical decision. No surrogacy contract can require a surrogate to undergo or refuse a procedure. Because these issues are deeply personal, aligning values and comfort levels during the matching process is one of the best ways to reduce the chance of conflict later.Who Makes Medical Decisions During the Pregnancy
How Termination and Selective Reduction Are Addressed
Lifestyle Clauses: Travel, Diet and Daily Life Considerations
Lifestyle clauses tend to feel more personal than other contract terms because they touch on day-to-day routines during pregnancy. These provisions work best when they are treated as shared expectations designed to support a healthy pregnancy, not rules meant to control behavior.
Common lifestyle topics addressed in Washington, D.C. surrogacy contracts include:
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Travel restrictions during pregnancy to reduce medical risk and ensure proximity to care
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Exercise restrictions based on medical guidance during pregnancy
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Diet restrictions aligned with standard prenatal recommendations
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Work and schedule considerations for appointments
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Communication expectations between the surrogate and intended parents
This part of the contract focuses on what everyone can expect at the hospital and in the weeks immediately following birth. Addressing these details early reduces stress if plans need to change. Strong delivery and postpartum terms usually include: The contract specifies who may be present during labor and delivery and how hospital policies or medical needs may affect access. Agreements outline how updates are shared during labor and how medical emergencies are handled. The contract explains how access is handled if the baby requires additional care or transfer. Provisions describe how postpartum recovery compensation is handled. If breast milk is requested, the agreement explains duration, supplies, compensation and logistics.What the Contract Covers for Delivery and Recovery
How Insurance Is Handled in a Surrogacy Contract
Insurance provisions play an important role in defining financial responsibility before medical treatment begins.
In Washington, D.C., contracts usually address:
Whether the surrogate’s existing policy covers a surrogacy pregnancy or whether a separate policy is required Coverage amounts, beneficiaries and when the policy must be active Financial protection if pregnancy-related complications prevent the surrogate from working How the child will be added to insurance after birth
In an agency vs. independent journey, responsibilities look very different. With an independent surrogacy contract, intended parents and surrogates must meet legal requirements, coordinate attorneys, manage escrow, review insurance and handle disputes on their own. This can increase both legal risk and emotional strain. Agency-supported surrogacy often reduces stress by providing: Legal referrals to attorneys familiar with Washington, D.C. law Payment safeguards through escrow coordination Insurance screening and policy review Support during contract negotiations Guidance and mediation if concerns arise For many intended parents and surrogates, agency involvement provides added peace of mind throughout the contract process.Agency vs. Independent Surrogacy: Legal and Emotional Considerations
Start Your Surrogacy Journey in Washington, D.C.
Surrogacy contracts set the tone for how the journey unfolds, how decisions are handled and how challenges are addressed. Taking the time to understand the contract process early can make the entire experience feel more manageable.
Whether you are an intended parent preparing for next steps or a prospective surrogate considering a match, having the right guidance matters. A surrogacy specialist can help answer your questions so you can move forward with confidence. Just fill out our contact form to get started.