What Is Surrogacy Contract in Surrogacy?

Last updated: · · Based on data from 196+ surrogacy agency compensation packages

A surrogacy contract is the legally binding agreement between a surrogate (gestational carrier) and intended parents that outlines every aspect of the journey — compensation, medical decisions, contact expectations, termination provisions, and legal parentage.

Why Surrogacy Contract Matters for Surrogates

The contract is your protection. Before you take a single medication or attend a single medical appointment, the contract must be signed, the escrow account must be funded, and your life insurance must be in place. No reputable agency or attorney will let you skip this step.

Read every line. Your independent legal counsel's job is to explain every clause and negotiate anything that doesn't work for you.

How Surrogacy Contract Works in Surrogacy

Contract timelines typically look like:

Real-World Example

Key things your surrogacy contract should clearly address: compensation schedule and triggers, selective reduction and termination provisions, medical decision authority, number of transfer attempts included, contact expectations with intended parents, and what happens if the relationship breaks down before transfer.

Frequently Asked Questions

What is a surrogacy contract?
A surrogacy contract is the legally binding agreement between a surrogate and intended parents covering every aspect of the journey — compensation schedule, medical decisions, contact expectations, termination provisions, and legal parentage. It must be signed before any medical procedures begin.
How long does surrogacy contract negotiation take?
Contract negotiation typically takes 2–6 weeks. The intended parents' attorney drafts the initial contract (usually 50–80 pages), then the surrogate's independent legal counsel reviews, explains, and negotiates revisions on her behalf.
What should a surrogacy contract cover?
Key provisions: compensation schedule and payment triggers, selective reduction and termination terms, medical decision authority, number of transfer attempts, contact expectations with intended parents, bed rest and c-section provisions, what happens if the relationship breaks down, and life insurance requirements.
Who pays for the surrogate's attorney to review the contract?
The intended parents pay for both their own attorney and the surrogate's independent legal counsel. The surrogate should never pay out of pocket for contract review. ILC fees typically range from $1,500–$3,500.
Can a surrogate negotiate her surrogacy contract?
Yes — that's exactly what your independent legal counsel (ILC) is for. Common negotiation points include c-section bonus amounts, bed rest provisions, lost wages coverage, contact expectations, and selective reduction language. Your ILC advocates specifically for your interests.

Related Surrogacy Terms

Independent Legal Counsel Escrow Account Pre-Birth Order Gestational Carrier Agreement Surrogate's Rights
Learn what to look for in a surrogacy agency's legal support →

Source: SurroScore's proprietary database of surrogate-reported compensation data and agency compensation packages, collected from direct agency outreach, public filings, and verified surrogate reviews. Data current as of March 2026.