Helping Future Parents Achieve Their Dreams

How to establish clear boundaries in a surrogacy agreement

On Behalf of | Mar 6, 2025 | Surrogacy

Surrogacy can be an excellent way for many couples to become parents. Still, it is essential to plan carefully and communicate clearly to make sure everyone involved knows what to expect. Setting clear boundaries in a surrogacy agreement can help ensure everything goes smoothly.

Understanding the basics

In surrogacy, there are different roles. The intended parents are the ones who will raise the child. The surrogate, or gestational carrier, is the person who carries the pregnancy. Both sides need to understand their roles and agree on what they are responsible for.

Each surrogacy agreement must follow the laws of the state where the baby will be born. These laws differ vastly, so knowing what your state requires is vital. A lawyer can help you understand these laws and plan well, especially if your state is not friendly to surrogacy.

Health and medical considerations

A surrogacy agreement should clearly outline the surrogate’s responsibilities regarding health. This includes going through medical and psychological exams, keeping health insurance, and following medical advice during the pregnancy. The agreement can also detail how many times the surrogate will try to get pregnant and if donor eggs or embryos will be used.

It is also wise to plan for unexpected things, like medical emergencies or disagreements. The agreement should explain how to handle these situations. Thinking about these “what ifs” can help prevent problems later.

Financial arrangements

Money matters are a key part of any surrogacy agreement. This includes paying the surrogate and covering medical and other pregnancy-related expenses. The agreement should explain how these payments will be made and what will happen if the pregnancy does not continue to term.

Parental rights and custody

The agreement needs to clearly state the rights of the intended parents and confirm that the surrogate will give up her parental rights when the baby is born. This ensures the intended parents are legally recognized, and the surrogate understands she will not have custody of the child.

Communication and confidentiality

Open communication is vital throughout the surrogacy process. Establishing how and when parties will communicate can prevent misunderstandings. A confidentiality agreement can also protect all parties’ privacy, ensuring that personal information remains private.

Creating a surrogacy agreement with clear boundaries can make the experience positive for everyone. By addressing legal, financial, and personal details early on, both the intended parents and surrogate can start the journey with confidence. Clear communication and mutual respect are key to a successful surrogacy arrangement.