Surrogacy contracts do more than just outline legal parentage; they are the agreement that defines the daily choices protecting your health and the baby’s well-being.
When expectations regarding travel, diet, and lifestyle are defined upfront, you can navigate your pregnancy with certainty. These clauses minimize risk and create a transparent roadmap, protecting your autonomy while securing the intended parents' legal rights..
Imagine moving forward with the surrogacy process feeling completely confident in what is expected of you. You don’t have to navigate these decisions alone.
What lifestyle choices are covered in surrogacy contracts—and why they matter
You might feel protective of your personal autonomy when you see clauses about your daily life in a legal document.
But these sections are not about control; they align expectations to prevent issues that could be considered misconduct in third-party ART arrangements.
The goal is simple: get you and the intended parents on the same page before a pregnancy ever occurs.
These sections typically cover four main areas: travel restrictions during pregnancy, physical activity, substance use, and diet.
By agreeing to these terms early, you protect yourself from potential liability and give the intended parents peace of mind that their baby is growing in a safe environment.
This mutual understanding builds a trusting relationship, allowing you to focus on the pregnancy rather than worrying about the fine print.
Can you travel during a surrogate pregnancy? What to know about timing, states, and clearance
You can generally maintain a normal life as a surrogate, but travel takes a bit more planning. Because location determines legal rights and medical safety, understanding specific surrogate travel restrictions is necessary for a smooth process.
Most contracts allow for standard travel but will restrict travel after 30 weeks gestation (or earlier for multiples). This keeps you close to your delivery hospital and the intended parents when labor begins.
International travel while pregnant is also almost universally prohibited. If a baby is born outside the United States, it can create a legal nightmare regarding citizenship and health insurance, potentially leaving the baby without coverage or clear parentage.
When it comes to travel restrictions during pregnancy, your agreement could also address:
You may be restricted from visiting states where surrogacy laws are unfavorable. Giving birth in a "non-friendly" state could jeopardize the intended parents' ability to establish their legal rights immediately upon birth. Cruise ships often lack the specialized medical equipment needed for preterm labor or neonatal emergencies, making them a high-risk environment for a surrogate pregnancy. While you aren't confined to your house, you will typically need to notify your agency or the intended parents if you plan to travel out of state, even for a short trip.
How much physical activity is safe for surrogates? Understanding exercise clauses in your contract
If you love to stay active, you might worry about your gym membership and pregnancy routine. Surrogacy contracts generally support a healthy, active lifestyle but will require modifications to keep the pregnancy safe.
Exercise restrictions in surrogacy clauses usually defer to the medical advice of your IVF physician or OBGYN. You will likely need physical activity approval before continuing a high-intensity regimen.
Common guidelines for working out while pregnant surrogate include sticking to low-impact activities like walking, swimming, or prenatal yoga.
The focus is on preventing injury and avoiding activities that could divert too much blood flow away from the uterus or increase the risk of abdominal trauma. These rules help you maintain your fitness without compromising the pregnancy.
Why substance use is a serious clause in surrogacy contracts
Surrogacy requires a higher standard of care than a personal pregnancy because you are carrying a child for someone else who is relying on you completely. This is why nicotine use during surrogacy and the use of alcohol or recreational drugs are strictly prohibited.
A smoking breach of contract is a major violation that can lead to immediate contract termination and financial consequences. This restriction typically includes traditional cigarettes, vaping, and significant exposure to second-hand smoke.
The medical evidence linking nicotine and drugs to poor fetal development is indisputable, and intended parents view these clauses as non-negotiable protections for their child.
Be transparent about your lifestyle during your initial screening. If you use nicotine or other substances, address that before signing a contract to avoid legal complications later.
Do surrogacy contracts include diet restrictions?
While you will not be forced to follow a rigid meal plan, diet restrictions in surrogacy clauses usually align with the standard of care for all pregnant women.
These aren't arbitrary rules; they are medical best practices designed to avoid foodborne illnesses that could harm the developing baby.
Your contract will likely limit or prohibit:
- Fish consumption limits. You will need to avoid fish high in mercury, such as swordfish, king mackerel, and shark, which can impact fetal brain development.
- Unpasteurized dairy and soft cheeses, which carry a risk of Listeria.
- Raw or undercooked meats and eggs, including sushi or rare steak.
- Excessive caffeine, usually limiting intake to 200mg or less per day.
These guidelines help you make choices that support a healthy pregnancy.
What surrogates should know about sex during pregnancy: medical guidelines and contract terms
Talking about your intimate life can feel awkward, but sex during pregnancy and surrogacy is a necessary medical and legal topic. Your contract will outline specific periods of required abstinence to give the embryo the best chance of survival and to protect your health.
You can expect restrictions during these times:
Sexual activity can cause uterine contractions or introduce bacteria, both of which can hinder implantation. To prevent the induction of labor before the scheduled delivery date. To absolutely eliminate the risk of sexually transmitted infections (STIs) that could transmit to the baby or complicate the birth.
These terms are standard across the industry and based on the ASRM committee opinion on gestational carriers regarding medical safety.
What happens if you accidentally violate a lifestyle clause? Breach scenarios and real-world outcomes
Accidents happen, but a breach of contract in surrogacy is a significant legal event. If you accidentally violate a clause—for instance, if you unknowingly travel to a state with state travel limitations—communicate immediately.
The consequences of a breach depend heavily on the severity of the action. Minor breaches might result in a formal conversation, while major breaches that endanger the baby could result in contract termination.
If you are worried about your rights regarding these clauses, consult resources regarding surrogacy contract lawyers to understand your legal standing.
How surrogacy agencies help you navigate lifestyle expectations with support and compassion
Surrogacy contracts are complex documents designed to protect everyone involved, but they can feel overwhelming if you try to navigate them alone.
Working with an experienced agency helps make sure your lifestyle is respected and your rights are upheld. We provide the support you need to handle these requirements, framing them as a collaborative effort to bring a new life into the world safely.
What if you could navigate your surrogacy journey knowing you have a team of experts handling the details for you? You can focus on growing a family while we handle the rest.