Understanding Surrogacy Contracts

Surrogacy contracts are legal, written agreements between the intended parents and the surrogate mother that state the rights and obligations of both parties. These documents are the foundation for establishing the parental rights of the intended parents. A thorough and well thought-out agreement ensures the intended parents have proper legal protection during assisted reproduction, and that the parental rights of the surrogate mother are terminated at the correct time.

It is important to choose an experienced fertility lawyer to ensure your contracts capture all of the complexities, risks, and liabilities of the process. Falletta & Klein makes sure all of our surrogacy contracts are compliant with local laws and customized to the needs of the specific case. We also believe that everyone deserves a family, so we will advocate for your rights in accordance with your state’s specific laws.

What should be included in the surrogacy contract?

Surrogacy contracts should include the following key elements:

  1. Establishment of the intent, rights, and obligations of the intended parents
  2. Establishment of the intent, rights, and obligations of the surrogate
  3. Creation of a trust or escrow account for compensation/reimbursements to the surrogate
  4. Communication guidelines for all parties during pregnancy
  5. Agreement on the surrogate’s health conduct (e.g. diet, travel, dangerous activities)
  6. Specification of the intended parents’ level of involvement in medical decisions
  7. Written resolutions for potential risks, liabilities, and conflicts
  8. Insurance information for the intended parents, the child, and the surrogate

Consulting with a lawyer who has specific experience in drafting surrogacy contracts is critical to ensuring a seamless transition when the baby is born. At Falletta & Klein, our surrogacy contracts are tailored to your specific situation. Firms that are less familiar with the surrogacy process will rely on general, templated language – which will be vague and can lead to issues later on. Our extensive experience in the niche field of fertility allows us to anticipate risks and complexities that other firms cannot, ensuring that your surrogacy agreement fully protects the rights of your family.

Our international experience also sets us apart. We know the proper language needed to protect your child’s birth rights and citizenship status. Falletta & Klein believes fertility law requires a breadth of knowledge that can only be gained through 30+ years of experience in building, updating and refining contracts. We’ve been involved in the field since our first surrogacy agreement in 1987.

Can I copy a sample surrogacy contract or template?

Using a sample contract may jeopardize your ability to secure your parental rights after the baby is born. Most sample contracts posted online should be used for reference only. Trying to use one as a legal document is not recommended.

Consulting with a trained fertility attorney is important because the family building process is personal and each situation is different. With Falletta & Klein, you can be sure that we will draft a binding contract that anticipates conflicts, provides clear resolutions, and protects you from unexpected legal issues after the birth of your baby.