Surrogacy contracts can seem like a lot of information all at once, especially when you are just starting your journey to help a family. The legal documents do not have to feel intimidating. Once you understand the most common legal terms, you’ll gain confidence and clarity about the process.
Choosing to become a surrogate is one of the most meaningful decisions you can make. It also involves serious legal considerations, which is why working with an experienced surrogacy agency and an attorney is always reinforced as the smart, safe choice.
Before you sign an agreement or even commit to the process, we want to help you feel fully informed. Let’s go through the standard surrogacy contract terms to help you step into the process with confidence and legal assurance.
Ready to gain clarity and confidence in your surrogacy journey? Speak with a specialist today to understand your contract terms.
Standard Terms You’ll See in a Surrogacy Contract
The gestational carrier agreement (GCA) is the formal, legally binding document created between you, the prospective surrogate, and the intended parents (IPs). This contract must be finalized before any medical procedures can begin, like the embryo transfer.
This agreement is designed to protect everyone involved, most importantly, you and the baby. It legally outlines every expectation, responsibility, and contingency during the pre-pregnancy, pregnancy, and post-birth phases of the journey.
Surrogacy laws vary significantly by state, so your contract will include state-specific language variations to ensure it is legally enforceable where you and the Intended Parents live.
You can expect to see terms covering:
- Financial Protections: How your compensation, medical bills, and other expenses are paid.
- Medical Decisions: Who has the final say on certain medical procedures and health matters.
- Parental Rights: The explicit steps taken to establish the Intended Parents as the baby's legal parents before birth, ensuring you have no legal obligation to the child after delivery.
- Dispute Resolution: How potential disagreements or unexpected issues will be handled.
Working with a trusted surrogacy agency like American Surrogacy ensures that your GCA is reviewed and negotiated by an experienced surrogacy attorney who represents only your best interests. This is a critical protection for you as a surrogate.
What Legal Terms are Used in Surrogacy?
Understanding the legal language used in surrogacy is the first step toward a worry-free journey. Here are the top legal terms you will encounter in a surrogacy contract, defined in plain language:
Gestational Carrier (GC): This term refers to the woman who carries the baby using an embryo created through In Vitro Fertilization (IVF), meaning she is not genetically related to the child. This term emphasizes that you are only carrying the pregnancy and are not the biological mother.
Intended Parents (IPs): The individual or couple who provides the genetic material (or uses donor material) and will be the legal parents of the child after birth. Your contract defines their rights and obligations to the child and their financial obligations to you.
Pre-Birth Order (PBO): A legal document, typically issued by a court before the baby is born, that officially names the intended parents as the legal parents. This is how parental rights assignment is handled, ensuring a smooth transition of custody right after the birth.
Escrow Account: A secure, third-party holding account where all funds (your compensation, reimbursements, etc.) are deposited and managed throughout the journey. This ensures your compensation terms are met and that money is available immediately when expenses occur.
Base Compensation: The negotiated amount of money the surrogate receives for her time, effort, discomfort, and commitment. This is the core of your payment and is often paid in monthly installments after the pregnancy is confirmed.
Health and Life Insurance: Clauses that specify whose insurance covers the pregnancy and delivery and how any secondary coverage, like surrogate-specific insurance and life insurance, is handled. This is a critical piece of protection, covering any medical risks associated with pregnancy.
In Vitro Fertilization (IVF): The medical process of combining eggs and sperm in a lab to create an embryo before it is transferred to the surrogate’s uterus. The contract will specify the number of transfers attempted and related medical expectations.
Termination/Reduction Clause: Language detailing the circumstances, if any, under which the pregnancy might be terminated or reduced and who holds the decision-making authority in those situations. This is one of the most sensitive sections, negotiated based on the laws of your state and the agreement between all parties.
Representations and Warranties: Statements in the contract where both you and the IPs confirm specific facts about yourselves including meeting medical requirements, and legal capacity to enter the agreement. This section confirms you meet all requirements for the safety of the journey.
Consent and Revocation: Sections detailing that all parties willingly entered the agreement and how, and under what rare circumstances, consent might be revoked (though contracts typically make revocation extremely difficult to ensure stability). This establishes that the contract is fully voluntary and binding.
How Compensation is Defined in Surrogacy Contracts
One of the key concerns for prospective surrogates is how they are compensated for their immense generosity. Your surrogacy contract is the only document that legally defines and enforces your financial package.
Base Pay Structure
Your base compensation, the primary amount paid for your time and sacrifice, is clearly defined, often as a fixed total. The contract will detail the payment schedule, typically starting after the confirmation of pregnancy, when a heartbeat is detected.
Payments are usually disbursed monthly from the secure escrow account. This is a major safeguard for you, as the escrow account is funded by the intended parents before the legal process even begins. This provides the ultimate protection included for you, ensuring you never have to worry about payment delays or non-payment.
Bonus Structures and Reimbursements
The contract also clearly outlines reimbursements and any potential bonus structures. These might include:
A clothing allowance for maternity wear Travel expenses for medical appointments Compensation for lost wages if you or your spouse miss work for appointments Multiple birth fee if you carry twins An invasive procedure fee for medical procedures like an aminiocentesis
All these costs are pre-approved and managed through the escrow account. Understanding these financial terms allows you to focus on your health and the pregnancy without the stress of managing expenses.
If you have specific questions about your compensation, connect with a specialist who can give you answers today.
Who Makes Medical Decisions? Understanding Consent Clauses
A gestational carrier agreement must clearly detail who makes medical decisions, especially in complex or emergency situations. This section is often reviewed with great care by your attorney to ensure your comfort and safety.
Routine vs. Complex Decisions
The contract typically gives you, the surrogate, autonomy over minor, day-to-day decisions regarding your lifestyle, diet, and rest, so long as they align with the IVF clinic's protocols and the general.
These include decisions about the number of embryos to transfer, whether to terminate or selectively reduce the pregnancy, and the type of delivery.
The contract, negotiated with the help of your attorney, clarifies the decision-making authority. In most cases, the Intended Parents have the final say regarding the health and well-being of the child, while you, the surrogate, maintain the right to make decisions that affect your own health and bodily integrity.
Medical Risk and Insurance
Just like a typical pregnancy, surrogacy also involves potential medical complications; the contract must include provisions for insurance liability and coverage. Your contract ensures:
- Medical Coverage: The intended parents are responsible for all medical costs related to the pregnancy, delivery, and postpartum recovery. If your existing insurance does not cover the surrogacy pregnancy, the intended must purchase a separate policy for you.
- Life Insurance: The intended parents are required to purchase a term life insurance policy specifically for you, providing essential security for your family. This is an important protection included for the surrogate.
The Legal Process: From Contract to Post-Birth Care
The gestational carrier agreement is the foundation for the entire legal process. It governs everything from the initial agreement to the final moments after the baby is born. This process is structured to give everyone involved peace of mind.
Pre-Birth Parentage
The most important legal step is establishing the intended parents as the legal parents through a Pre-Birth Order (PBO) or similar legal mechanism. This process typically occurs in the second trimester and prevents you from ever having to take on legal rights or responsibilities for the child.
Surrogate Release and Post-Birth Care
The contract specifies your role and care after delivery:
- Surrogate Release: You will be legally released from any further obligations immediately after the child's birth, confirming the legal parental rights assignment to the intended parents.
- Postpartum Care: The intended parents are financially responsible for your postpartum medical care and any necessary counseling or recovery time, reinforcing the fact that your health remains a priority even after the delivery.
This clearly defined legal pathway ensures the intended parents are present and prepared to take immediate, full custody, allowing you to focus completely on your recovery.
What Happens If the Unexpected Occurs? Contingency Planning
One of the most valuable aspects of your surrogacy contract is its detailed plan for handling unexpected events. The contract is designed to provide you with financial and legal security, even if the journey doesn't go exactly as planned.
Failed Transfer or Miscarriage
The contract explicitly outlines the financial responsibilities of the intended parents if an embryo transfer is unsuccessful or if a miscarriage occurs. It clarifies whether base compensation is paused, what reimbursements continue, and how many attempts at future transfers will be made, giving you certainty about the next steps.
Dispute Resolution
If a conflict happens, your contract outlines the steps to resolve it, like mandatory mediation or arbitration. This keeps potential disagreements private and organized, offering clear steps for resolving issues without the stress of going to court.
Long-Term Health Complications
While rare, if you experience medical issues that extend past the standard postpartum recovery, the contract is explicit that the intended parents' insurance and funds cover these costs. This provides comprehensive financial protection included for the surrogate against any health impacts resulting from the pregnancy.
How Agencies Like American Surrogacy Help You Understand Every Term
Navigating a 40-page legal document filled with surrogacy contract terms and complex clauses can feel overwhelming. That is precisely why you work with a full-service surrogacy agency.
American Surrogacy acts as your dedicated guide and advocate. Our role is to:
- Connect You to the Best Attorney: We ensure you are represented by an experienced surrogacy attorney who specializes in your state’s laws.
- Simplify Complex Language: We provide you with clear explanations for every term, walking you through the agreement line by line so you are fully comfortable before you sign.
- Negotiate on Your Behalf: Your attorney, guided by our expertise, negotiates the terms of your contract, including your base compensation and expense reimbursements, ensuring the agreement reflects your needs and expectations.
The legal phase is one of the most important steps in the surrogacy process, and we want you to feel confident in your commitment.
You can get free, confidential information about the process and legal contract details by filling out our online form. We are here to help you begin this rewarding journey safely and with total peace of mind.