Here are some topics that should be covered in your Gestational Surrogacy agreement.

The Basics

  • The surrogate will carry the pregnancy on behalf of the Intended Parents.
  • The surrogate will receive an embryo, conceived by the egg and sperm of the Intended Parents (or a donor they select).
  • The surrogate will do everything in her power to become pregnant and have a healthy pregnancy and delivery.
  • Upon the delivery, the Intended Parents will have custody of the baby and be the legal parents.

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Custody and Parental Rights

  • The surrogate has no intention to be the baby’s legal mother, and the Intended Parents will be the legal parents and will have full custody as soon as the baby is born.
  • The surrogate will not make any claim for custody or visitation for the baby after the delivery.
  • As soon as the baby is born, physical custody will go exclusively to the Intended Parents (depending on the terms of your “delivery plan”).
  • The surrogate will sign any documents needed to ensure the IPs’ parental rights.
  • If either or both the Intended Parents die or otherwise cannot take custody of the baby, who will take custody of the baby.
  • If the Intended parents divorce during the pregnancy, one of the parents will take custody of the baby.
  • If the surrogate’s situation changes (if she needs to move or she loses financial support) what is the process to support the pregnancy.

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Compensation for your Surrogacy

  • How much will your surrogate be paid, how often and in what installments.
  • What items will be reimbursable to the surrogate, including travel expenses or special foods and supplements.
  • What evidence does the surrogate need to show to receive a reimbursement (receipts?)
  • What are the non-financial benefits for your surrogate, including maternity clothes, counseling, housekeeping service, etc.

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Medical Care for your Surrogate and the Pregnancy

  • The Intended Parents are responsible for the medical and psychological well being of the surrogate and baby.
  • The surrogate understands and accepts the medical and psychological risks of being a surrogate and of being pregnant.
  • The surrogate may choose her own obstetrician or OBGYN to attend to the pregnancy.
  • The Intended Parents will provide medical insurance and life insurance for the surrogate.
  • The Intended Parents will provide medical insurance for the baby.
  • Medical decisions about the baby and pregnancy will be made solely by the Intended Parents.
  • The surrogate will undergo whatever medical or psychological exams required by the attending doctors, before and during the pregnancy.
  • The surrogate will take any medication, supplements or dietary changes prescribed by the attending doctor.
  • The surrogate will follow any medical advice given the the attending doctor, including restrictions on her sexual activity.

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Confidentiality

  • Any personal, medical or other information about the surrogate will be kept strictly confidential.
  • Any personal, medical or other information about the Intended Parents will be kept strictly confidential.
  • No photos or sonogram issues or medical information will be shared on social media without explicit permission.

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