It is a critical to have a contract no matter how close or agreeable intended parents and surrogates are. The following six topics are essential for a smoother surrogacy journey:

  • Outline local laws: Make sure there is at least an overview of the surrogacy laws in the state where the baby will be delivered. It also should include and overview of the laws of where the intended parents live.
  • Financial Obligations: This should outline how much payment is and how often they are to be paid. In addition, it is great to consider whether or not the funds will be in an escrow account or directly to the surrogate.
  • Medical Decisions: With any pregnancy there are risks. Intended parents and the surrogate should be on the same page in regards to selective reduction, the number of embryos transferred, how many transfers will take place if they are unsuccessful, and whether the intended parents will attend appointments and the birth.
  • Medical Bills: Some surrogates have health insurance that can be used to cover maternity costs. Other times, intended parents purchase insurance for the surrogate . The contract should outline how these bills will be handled.
  • Time and Travel: Intended parents and surrogates need to coordinate how many times intended parents will travel to see the surrogate and when.
  • Privacy: The contract should outline what kind of relationship the intended parents will have with the surrogate after the birth. Also, it is a great idea to have the HIPPA medical privacy act briefed.

Every contract should be reviewed by an attorney well versed in surrogacy laws to make sure there are no loopholes and everything runs smoothly.