Surrogacy agreement intake

Legal information only. Surrogacy law varies dramatically by state - some states fully enforce compensated surrogacy contracts, others restrict or void them. This tool generates a discussion draft only. A reproductive law attorney licensed in the surrogate's state and intended parents' state must review and finalize any agreement before it's signed. See our full disclaimer.

Surrogacy agreement intake builder

Type of surrogacy arrangement

Compensation structure

Intended parent(s) full name(s)

Surrogate's full name

State where surrogate will deliver

Base compensation amount (if any)

Embryo / genetic material source

If multiples result (twins or more)

Who makes medical decisions during pregnancy

Life insurance for surrogate

Termination or breach circumstances to address

Your surrogacy agreement intake draft

Get your draft reviewed by a reproductive law attorney

A surrogacy agreement must be reviewed and finalized by attorneys representing both the intended parents and the surrogate before any embryo transfer. Most states require this for legal parentage to be established cleanly. Get matched with a reproductive law attorney at no cost.

What does a surrogacy agreement need to cover?

A surrogacy agreement is the legal document that defines the relationship between intended parents and a surrogate before any embryo transfer happens. It covers compensation, medical decision-making, parentage, and what happens if the pregnancy doesn't go as planned. Courts and fertility clinics in most states require a signed agreement before they'll proceed with transfer, and the agreement is also what supports a parentage order after birth in states that require one.

The specific terms matter more in surrogacy than in almost any other family law contract, because the parties are negotiating around a pregnancy that's already in motion by the time most disputes would arise. If the intended parents are also working through a prenuptial or marital agreement, that document should be checked for any inconsistency with parentage and financial terms here.

Compensated versus altruistic surrogacy

Compensated surrogacy pays the surrogate a base fee on top of medical and incidental expenses, typically $35,000 to $55,000 depending on the state and the surrogate's experience. Altruistic surrogacy covers expenses only, with no base fee, and is more common among family members or close friends acting as a surrogate. Several states, including Michigan until a 2024 law change and a handful of others, restrict or void compensated surrogacy contracts entirely. The state where the surrogate delivers controls which rules apply, not the state where the intended parents live.

Gestational versus traditional surrogacy

In gestational surrogacy, the surrogate carries an embryo created from the intended parents' or donors' genetic material and has no biological connection to the child. This is the dominant arrangement today because it simplifies parentage. Traditional surrogacy uses the surrogate's own egg, making her the biological mother, which creates more complex parentage proceedings in nearly every state and is restricted or disfavored in several jurisdictions. Most fertility clinics and attorneys now recommend gestational arrangements specifically to avoid these complications.

Establishing legal parentage after birth

How intended parents become the legal parents on the birth certificate depends heavily on the state. Some states allow a pre-birth parentage order based on the signed surrogacy agreement, naming the intended parents directly at delivery. Others require a post-birth adoption-style proceeding even when a gestational agreement is in place. If the intended parents are unmarried or in a same-sex relationship, a second-parent or step-parent adoption may still be needed in states with less surrogacy-friendly laws, even after a valid agreement is signed.

Frequently asked questions about surrogacy agreements

No. Most states now permit and enforce compensated gestational surrogacy contracts, but a small number restrict or refuse to enforce payment beyond expenses, and a few have specific statutory requirements like a home study or court pre-approval before transfer. The state where the surrogate will deliver controls, regardless of where the intended parents live. An attorney licensed in that specific state needs to confirm the agreement is enforceable before any embryo transfer happens.

In gestational surrogacy, where the surrogate has no genetic connection to the child, this is extremely rare and a properly drafted agreement combined with a pre-birth or post-birth parentage order strongly protects the intended parents. Traditional surrogacy, where the surrogate is the genetic mother, carries meaningfully higher legal risk on this point in many states, which is one reason most attorneys steer clients toward gestational arrangements with donor or intended-parent gametes whenever medically possible.

This is exactly why a well-drafted surrogacy agreement addresses divorce or separation of the intended parents as a specific scenario, not an afterthought. The agreement should state who remains a legal parent, how parentage paperwork proceeds, and how the financial obligations to the surrogate continue regardless of the intended parents' relationship status. Without clear language on this, the surrogate and the resulting child can be left in legal limbo.

Yes, and in most states this is a legal requirement, not just best practice. The surrogate must have independent legal counsel, paid for by the intended parents as part of the arrangement, separate from the attorney representing the intended parents. This prevents conflicts of interest and ensures the surrogate fully understands the medical, legal, and financial terms before signing. An agreement signed without independent counsel for the surrogate is vulnerable to challenge.

The agreement typically requires the intended parents to cover or reimburse health insurance that specifically covers surrogate pregnancy, since many individual health plans exclude it. A life insurance policy naming the surrogate's own beneficiaries is also standard practice, covering the period of pregnancy and delivery given the medical risks involved. Both should be confirmed and in place before embryo transfer, not arranged afterward.