About intended parents

Intended parents are individuals who enter into an agreement that states they’ll be parent(s) of a child born to a gestational surrogate. The terms of this arrangement are set out in a legal agreement called a surrogacy contract.

About the surrogacy contract

A surrogacy contract or “Assisted Reproductive Agreement” is a lengthy, complex document that spells out the rights and obligations of involved parties. These parties, which commonly include the intended parent(s), the surrogate, and her spouse (if applicable) are consulted throughout the process.

In situations where the surrogate performs her services at no charge, the agreements are often called “Altruistic Surrogacy Arrangements”. Regardless if the surrogate is compensated or not, a contract is still required.

Other requirements, which often vary from state-to-state, must also be observed. For example, in California the contract must be notarized, injectable medications cannot begin until the contract is executed, etc.

A valuable tool

Having a copy of the contract may prove useful as a reference point if plans change as the journey progresses. It can also act as a valuable tool to enable open and transparent discussions around critical issues and decisions.

Hiring a knowledgable attorney

Hiring a knowledgable attorney with experience in drafting and negotiating surrogacy contracts is a good idea. From start to finish, they can help you secure a Pre-Birth Order declaring the intended parents(s) as the natural parent(s) of the baby (or babies) born from the arrangement.

Additional information

Every surrogacy contract is unique so take care when planning yours. Important sections of the contract might include:

• Intended parent(s) details
• Gestational surrogate’s (and legal partner or spouse’s) details
• Marital status of all parties at conception
• Pre-conception arrangements
• Conception arrangements (embryo creation, clinic insemination details)
• Pregnancy arrangements (health and well-being, emotional support, tests and clinic/ante natal appointment arrangements)
• Birth arrangements
• Post-birth arrangements
• Negative situations that can arise (miscarriage, still birth, multiple pregnancy where a decision may be needed on foetal reduction, decisions to terminate, breakdown of relationship) and how they would be handled
• Parentage and other legal implications
• Expenses and costs