“I told my friends I’m a surrogate. They said, ‘Wow, you’re really going the extra mile.’ I said, ‘More like the extra nine months!’”
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Behind the humor lies an undeniable truth: surrogates provide an invaluable service. But before the journey begins, a surrogate understanding obligations and expectations is essential for everyone involved. A surrogacy agreement isn’t just paperwork—it’s the foundation for trust, clarity, and protection.
Below are five key categories of questions and issues that often arise during a surrogacy agreement review when reviewing with a surrogate.

1. Compensation
Money matters can be sensitive, but clarity is critical. Common questions include:

1) Can payment terms change after agency match?
Some agencies allow flexibility, while others have strict policies. Always confirm before negotiating.

2) Lost wages:

Will reimbursement be based on gross or net income?
Does the surrogate need to use sick/vacation time first?
Are caps in place accurate(e.g., 8 hours/day, 40 hours/week)?
How are wage increases handled?

2) Taxes:
The surrogate should understand the tax implications regarding payments need to be evaluated by a tax professional.

3)Payment timing:
Will payments be made monthly or within a set number of days? How does escrow release work?

4) Escrow:
Understand how much is deposited, minimum balances, and who authorizes releases. Escrow should be funded before medications begin.

2. Pregnancy
Pregnancy-related terms often go beyond medical care:

1) Surrogate's Lifestyle considerations:

Pets of the surrogate and surrounding precautions (e.g., chickens, cats)
Special medications or allergies for the surrogate based on pre-existing conditions
Organic food requests
Restrictions on heavy lifting or x-rays and condsieration of the surrogate's job

2) Travel:
If exceptions to travel restrictions are needed based on the surrogate's travel plans, specify details and clarify who covers costs.

3) Support system:
Who provides childcare during appointments or recovery? Some agreements restrict paid family childcare and surrogate may need a family meember to help and get paid for the help. Also, consider spouse lost wages and post-birth support duration.

3. Medical Decisions
Medical autonomy and decision-making must be clear:

1) Backing out of the surrogacy agreement before transfer:
Some agreements allow it; others are limited by state law; and some contracts provide breach for termination. Understand the language. Understand hold fees and whether allowances continue between cycles.

2)Medical authority during pregnancy:
Who chooses doctors? Can the surrogate refuse procedures like abortion or c-section? Define NICU level requirements.

3) Delivery details:

Who can be in the room?
Induction preferences
Doula or midwife use and who pays for it?
Placenta use and who pays for it?

4. Legal Rights
Legal obligations extend beyond birth:

1) Parental rights proceedings:
Will appearances or signatures be required later? Is future representation included?

2) Unexpected scenarios:

What if intended parents separate or pass away?
What if they refuse the child?
What if clinic error or intercourse occurs?

5. Logistics
Practical details matter:

1) Agreement review:
Schedule focused time (about an hour), read in advance, and avoid distractions.

2) Confidentiality:
Can a friend or agency join? Consider attorney-client privilege and translator issues.

3) Social media:
Check agreement language. Some allow non-identifying posts; others prohibit sharing entirely.

4) Sibling journeys:
If planning future matches without an agency, review restrictions and seek releases if applicalbe.

5) Signing process:
Confirm notarization requirements, scanning protocols, and whether originals must be mailed.

6 Closing representation:
Ensure clarity on when legal representation ends and how future inquiries will be handled.

Final Thoughts

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Surrogacy is a profound commitment—emotionally, physically, and legally. A well-drafted agreement protects everyone involved and sets the stage for a successful journey. If you’re considering surrogacy, take time to review these categories with your attorney. The extra nine months deserve extra care.

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