Surrogacy Contract: Key Clauses & Agreement Template for Intended Parents and Surrogates

Drafting a surrogacy contract is a vital and complex step in the surrogacy process. Whether you’re a surrogate mother or an intended parent, understanding the terms of your surrogacy agreement template is essential. It’s crucial to have a legally sound contract in place that protects both parties’ rights and interests. Experienced surrogacy lawyers are best equipped to handle this process and ensure that all aspects of the surrogacy are clearly defined and legally binding.

Below is a typical surrogacy contract clauses list, providing an overview of what should be included in a surrogacy contract to ensure that both the surrogate and the intended parents understand their responsibilities and rights.

A Typical Surrogacy Contract Should Include the Following Clauses:

1. Date of the Surrogacy Agreement

• The surrogacy agreement template should clearly state the date the agreement is made.

1. Names of the Parties Involved

• This includes the names of the surrogate mother and the intended parents (referred to as the father and mother).

1. Statement of Age and Health Condition

• A declaration that all parties are over the age of eighteen, and a statement regarding the inability of the intended mother to carry a pregnancy.

1. Agreement for Medical and Psychological Assessments

• The surrogate mother agrees to undergo the necessary physical and psychological evaluations.

1. Health Insurance Details

• Information about the surrogate mother’s health insurance, with an agreement to maintain full coverage throughout the pregnancy.

1. Agreement on Assisted Reproductive Technology (ART)

• This clause outlines the ART procedures involved and the implantation of the fertilized embryo into the surrogate’s uterus.

1. Maximum Number of Attempts for Pregnancy

• Agreement on the maximum number of attempts to achieve pregnancy, clarifying both parties’ expectations.

1. Agreement on Sexual Activity During Pregnancy Attempts

• The surrogate mother agrees to refrain from sexual intercourse during pregnancy attempts.

1. Agreement Not to Terminate the Pregnancy

• The surrogate mother agrees not to terminate the pregnancy unless her life is at risk, providing clarity on the intent of all parties.

1. Agreement on Lifestyle During Pregnancy
   • The surrogate mother agrees to refrain from smoking, drinking alcohol, or using illegal drugs during the pregnancy.
2. Agreement to Regular Prenatal Care
   • The surrogate mother agrees to regular prenatal medical checkups, ideally with the intended parents present to remain informed.
3. Agreement to Medical Exams Requested by Intended Parents
   • The surrogate mother agrees to undergo any reasonable medical exams requested by the intended parents during the pregnancy.
4. Agreement on Diet During Pregnancy
   • An agreement outlining the surrogate mother’s diet and nutrition during pregnancy to promote the health of both mother and child.
5. Restrictions on Surrogate’s Activities
   • Agreement on limiting the surrogate mother’s physical activities during the pregnancy to ensure her health and the success of the pregnancy.
6. Agreement on the Intended Parents’ Role at the Birth
   • The intended parents agree on the extent of their involvement in the birth ceremony, often specifying who will be present.
7. Agreement on Parental Rights
   • This clause stipulates that the surrogate mother and her spouse (if applicable) will not claim legal or physical custody of the child, and the intended parents will have full parental rights.
8. Agreement to Terminate Parental Rights After Birth
   • The surrogate mother agrees to relinquish her parental rights after the birth, allowing the intended parents to assume full responsibility.
9. Agreement on Best Interests of the Child
   • This clause ensures that the intended parents raising the child is in the best interests of the child.
10. Agreement to Transfer Custody After Birth
    • The surrogate mother agrees to transfer custody of the child to the intended parents as soon as possible after birth.
11. Financial Terms of the Surrogacy Process
    • Agreement on the financial terms, including reimbursement for uninsured medical expenses, counseling fees, maternity clothes, living expenses (if applicable), travel expenses, and any other associated costs.
12. Compensation for Unsuccessful Pregnancy or Delivery
    • Agreement on compensation in the event that the pregnancy or delivery does not go as planned, addressing the surrogate mother’s financial needs.
13. Confidentiality Agreement
    • A confidentiality clause ensuring that all parties involved in the surrogacy process maintain discretion and privacy throughout the pregnancy and beyond.
14. Dispute Jurisdiction
    • Agreement on where any legal disputes will be resolved, ensuring clarity in case of disagreements.
15. Entire Agreement Clause
    • A statement that the contract constitutes the entire agreement between the parties, preventing misunderstandings.
16. Severability Clause
    • If any provision of the contract is found to be invalid, the remainder of the contract will remain enforceable, maintaining the integrity of the agreement.
17. Signatures of the Parties Involved
    • Signature lines for all relevant parties to sign the surrogacy contract, making the agreement legally binding.

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This surrogacy agreement template includes the most important clauses that should be part of a well-drafted surrogacy contract. Each clause ensures that both the intended parents and the surrogate mother are on the same page regarding responsibilities, expectations, and legal rights. For a more comprehensive and personalized surrogacy contract, consult with an experienced attorney specializing in reproductive law.