Surrogacy Abroad: How To Get Started

Surrogacy Agreement

The surrogacy is an extremely complicated and complex process that is not clearly regulated by any international laws and is hardly regulated by national legal systems. Even if it is, its interpretation is quite ambiguous and there are many unregulated questions with respect to its enforceability and proper construction. The legal framework of the use of surrogacy is largely a gray area. Many legal issues are resolved provided that purely subjective reasons are usually taken into consideration that differ significantly from case to case. In particular, the main problem is to ensure that a child born to a gestational carrier will subsequently obtain the citizenship of his genetic parents and become a full-fledged citizen of the country where his/her parents live.

The surrogacy agreement is one of the most vital pieces of the surrogacy process. The agreement regulates the whole surrogacy progress, plainly outlining each party’s responsibilities, rights and roles prior, throughout and after the pregnancy. Before actually engaging into a surrogacy program, you need to schedule a consultation with an experienced surrogacy attorney, who will be able to advise you on all legal pitfalls that most likely will be expecting you during your surrogacy journey. First and foremost, make sure that your lawyer is quite savvy with drafting surrogacy contracts that incorporate all necessary provisions that limit miscommunication and disagreements while effectively protecting all parties involved in the surrogacy process: the surrogate mother, the commissioning parents, and most importantly, the child.

Surrogacy Agreement: Drafting and Negotiating

Drafting a surrogacy agreement is a concerted and united effort. The attorney prior to outlining all contract’s provisions that encompass the needs and interests of the parties should have some sort of a sit down with all participants in the surrogacy process and go through every detail and nuance with meticulous attention to make sure that the final version of the agreement will eventually reflect the hopes and expectations of all parties.

Commonly, the intended parents will initially go through the draft of the surrogacy contract with the attorney before it is sent to a surrogate mother to get familiar with. The surrogate subsequently will have to carefully examine the contract, take into account the entire set of the provisions and most importantly, she will have to make sure that the financial issues related to her compensation for childbearing and associated costs are correctly reflected in the surrogate contract. Afterward, the attorney will continue to work on finalization of the agreement to the point where everybody is completely satisfied. Upon signing the surrogacy agreement, the parties will have the opportunity to move on with medical procedures. It is to note that the overwhelming majority of fertility clinics will not proceed with any medical treatment or any administrative arrangements until the contract is duly prepared and legally enforceable.  

Specific Peculiarities of the Surrogacy Agreement

Every surrogacy contract will appear to be to a certain degree different given it is drafted based on various national applicable surrogacy laws and regulations, as well as each party’s specific needs and conditions.

In overall, each surrogacy agreement should address the following essentials:

  • Financial compensation to surrogate, including all accompanying support costs, as well as any additional payments in case of surgical intervention, carrying several fetuses, in-patient treatment, etc.;
  • The dangers and responsibilities associated with the gestational period;
  • Surrogate mother’s strict compliance during the pregnancy period with all the requirements and prescriptions of the medical center doctors regarding the daily regimen, diet, all medication management recommended by the doctors and surrogate’s responsibility to undergo all the procedure necessary for the normal course of the pregnancy;
  • Settlement of force-majeure circumstances such as artificial reduction of embryos that did take, voluntary termination of pregnancy and others;
  • Permission for intended parents to be present during the childbirth process

The Risks and Hazards of Generic Surrogacy Agreements

There are many occasions when either surrogates or intended parents believe that the easiest and the cheapest way to conclude the surrogacy agreement is to download it online. However, it is necessary to note that practically all available templates do not take into consideration numerous specific circumstances and relevant aspects surrounding a particular surrogacy program. Hence, it is highly advisable to retain an experienced surrogacy attorney, who will be capable of adjusting and amending the agreement depending on the emerging necessities while ensuring at the same time the agreement’s compliance with existing law.

The internet usually offers very generic versions and rough sketches of surrogacy contract that lack crucial provisions that are intended to provide favorable outcomes of the surrogacy arrangements. While some people are neglecting the legal consequences by recklessly embarking on drafting surrogacy contracts with disregard to numerous warnings that it is a thoughtless decision at the very least, it is our advice and strong suggestions that prior to jumping into tangled legalistic jungle, you should consult an experienced surrogacy attorney to fully protect your interests and rights during your surrogacy long journey.

Kristi Cathey

Hi everyone! My name is Kristi Cathey and I’m glad you found your way to my blog. I am a mother of 3 beautiful angels. This blog was created in order to share my personal experiences in baby care and general health care for pregnant women. If you'd like to get in touch with me, please contact me by sending me an email via Welcome to

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