Why You Need a Surrogacy Agreement and What They Cover

A woman decides she wants to be a surrogate. A couple simultaneously decides they want to go the surrogate route to start a family. The couple meets the surrogate, and they all get along well and decide to proceed with the process. What’s their next step? 

The Purpose of a Surrogacy (Gestational Carrier) Agreement

Surrogacy agreements, also known as Gestational Carrier Agreements, are contracts between the gestational carrier and the intended parents designed to eliminate the risk of any conflicts and misunderstandings between them. An experienced assisted reproduction attorney can assist in drafting an agreement that accounts for possible conflicts, with the goal of avoiding them altogether.

Key Provisions Every Agreement Should Address

Generally, surrogacy agreements cover every aspect of the surrogate process. When a surrogate signs the agreement, they agree to a list of things that may include which doctor will perform the implantation procedure and the surrogate’s promise to follow any medical instructions given by the clinic or doctors and to abstain from harmful things during the pregnancy.

The intended parents also make numerous promises, including to pay for specified expenses incurred by the surrogate in connection to the pregnancy, to preserve the life of the surrogate over the fetus in cases of medical emergencies, and to have complete legal and physical control of the child immediately after birth.

Surrogacy agreements also cover agreements between the surrogate and intended parents after the child is born including what happens if an intended parent dies, who the guardian of the child will be if both intended parents die, and countless other scenarios. Since these agreements are intended to eliminate risk of conflict and misunderstanding between the surrogate and the intended parents, preparing for a wide range of circumstances helps this process to go smoothly and protects everyone involved.

An assisted reproduction attorney at Paule, Camazine, & Blumenthal, P.C. can help facilitate the creation of a comprehensive surrogacy agreement that is tailored to your needs.

*The author is grateful for the assistance of Caroline Vaaler, Saint Louis University School of Law student, anticipated graduation May 2026, in the preparation of this article.