Contract Inclusions to Keep In Mind

Next to finding your perfect match, your surrogacy contract is one of the most important preliminary steps on your surrogacy journey; it is also one of the most serious. Surrogacy contracts help protect all parties involved and ensure that the pregnancy will go smoothly. While most agencies and lawyers help guide you through the contract process, there are a few additional points you may want to consider including.


  • Breach clauses. Protect yourself. State in your contract that your breach clauses must be traced back to a behavior you knowingly did that resulted in harm to the baby.
  • Post-partum. Plan ahead by including an adequate post-partum time frame to remain under the Intended Parents’ medical coverage. Think realistically about what you’ll need.
  • Healthcare. Who will have the final say over your healthcare? Will this be your decision, your physician’s, or the IPs’? You may also want to include breach consequences in the event that you go against what is advised by whoever has the final say.
  • Bed rest. Bed rest can and does happen. If you go on bed rest, what will you need covered? Even if you don’t think you will need it, plan for bed rest just in case, and address it in your contract.
  • Selective reduction/termination. No one ever wants to be put in this position, but unfortunately, it is a possibility. Never be under the impression that it can’t or won’t happen to you. Instead, plan for the worst-case scenario to make it as smooth as possible if it does come to pass.
  • Conclude and reiterate. Make very clear the order in which those involved are responsible for healthcare decisions. Example: physician, Surrogate, Intended Parents, etc. This will also give you a written document to consult if any questions arise later.

Intended Parents:

  • Healthcare. Think realistically. How long are you willing to be responsible for your Surrogate’s healthcare? Be sure to include this time frame in your contract to be agreed upon.
  • In utero. Who will have the final say over the baby’s healthcare in utero? These are important aspects to consider, discuss, and be aware of ahead of time to prevent future questions or concerns.

Although writing your contract is not the most fun part of your new and exciting journey, it is a very vital one. Legal documents can be daunting, but with the help of your agency, it will be a smooth and stress-free task so you can move on to the next very important step: preparing for the new baby! If you are looking for further information on what to include in your surrogacy contract, do not hesitate to contact Surrogate Solutions today!




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