5 Vital Points That Every Watertight Surrogacy Contract Should Cover


Transparency is exceptionally important in any legal issue. Many surrogates and intended couples have fallen out about a particular clause in the contract, leading to a long-drawn legal battle. The hardest hit in any such legal fiasco is the innocent child born and forced to grow up in a negative environment for no fault of his own.

The best way to ensure that you do not suffer the same fate is to ensure that you work with a watertight contract. Such a contract will have to be very specific, cover all the points of possible contention as well as the claims and promises of all involved parties.

Surrogacy Contract
Here are the major aspects of a surrogate contract, just so that you know beforehand if you are missing out on some clause or not.

Points to be covered mandatorily in the surrogate mother’s contract:

  1. The name of the physician as well as the facility used for the processes of a.)In-vitro fertilization, and/or b.) Artificial insemination should be mentioned in the contract very clearly.
  2. Whether the surrogate is covered by health insurance, and to what extent, or if the intended parents will be arranging for the health insurance should also be stated clearly.
  3. The contract should also state the following without loopholes: the surrogate and her partner (if any) would relinquish all parental rights over the newborn within 24 hours of birth. The contract should also mention the legal requirements of the intended parents with regard to legalizing the infant as their own. This also covers the requisite of the birth certificate for the infant being issued in the name of the intended parent.

    parental rights over the newborn
  4. Intended parents are meant to bear all the legal, financial as well parental responsibilities once the child is born. The contract should mention all of this very categorically.

  5. All parties involved will agree to confidentiality above all else.
Once you get the contract to cover all of these basic elements, you might want to add some specific clause for your case, but that depends on you and the surrogate. Make sure the contract is understood clearly by all parties involved; this prevents any seed of doubt from germinating. Good luck!

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