How Surrogacy Agreements Protect Everyone—Not Just the Intended Parents

Surrogacy contracts are often perceived as being designed primarily to protect the intended parents. In reality, however, a well-drafted agreement safeguards everyone involved, especially the surrogate. While the legal contract is often seen as a technicality, it's actually one of the most important tools for ensuring a positive surrogacy experience for both parties.

A comprehensive surrogacy agreement outlines expectations, sets clear boundaries, and prepares everyone for the "what-ifs," so that if challenges arise, there's already a roadmap in place. For surrogates, this means knowing their health, time, and well-being are respected and safeguarded. 

For intended parents, it offers reassurance that a strong legal foundation supports their journey to parenthood. In this post, we'll examine the legal framework of surrogacy and show how Circle Surrogacy ensures fairness, clarity, and mutual respect.

What Is a Surrogacy Agreement?

The surrogacy agreement, known as the Carrier Agreement, is the legal contract between the gestational surrogate and the intended parents. It outlines each party's rights and responsibilities. It also, very importantly, ensures the gestational carrier relinquishes her claim to parental rights over the child once they're born.

The Carrier Agreement outlines the surrogate's responsibilities to the intended parents, such as attending all medical appointments, maintaining a healthy lifestyle, and keeping in contact with the intended parents during the pregnancy. Likewise, the agreement will also detail the intended parents' responsibilities to the surrogate, outlining their financial obligations and carefully listing all the expenses they must cover throughout the surrogacy. 

Attorneys will also make sure the surrogacy agreement includes contingency plans for all potential risks and liabilities that might occur and describe each party's responsibilities. It is essential that both parties' attorneys ensure the agreement adheres to the applicable state's surrogacy laws. 

Why Are Agreements Essential?

The legalities of surrogacy are some of the more complicated elements of the process. Because surrogacy laws vary by state—and can even differ depending on the county and overseeing judge—having a thorough understanding of the law in the relevant jurisdiction is crucial.

Here at Circle, we have an in-house legal team that provides guidance on surrogacy contracts, helps intended parents understand and navigate both their own state's laws and those of the surrogate's state, and offers valuable insights throughout the process. 

These attorneys also support other key aspects of the journey, including drafting the surrogacy agreement between the intended parents and the gestational surrogate and securing legal parentage. We also have relationships with experienced attorneys throughout the U.S. and internationally, who specialize in local surrogacy, residency, and citizenship laws, to further support intended parents.

Surrogate Coverage

In addition to outlining the surrogate's responsibilities to their intended parents, the surrogacy agreements also cover compensation, health-related expenses, and insurance. 

At Circle, our first-time surrogates can earn a total compensation of up to $65,000.

Our surrogates also receive monthly spending money during the pregnancy, as well as reimbursements to cover lost wages, housekeeping, and more. We work with each potential surrogate to build the right benefit package for her and her family.

The surrogate's insurance provider—or the surrogate maternity insurance arranged on your behalf—will cover most of the medical expenses related to the pregnancy and delivery. The intended parents will be responsible for covering any unexpected costs, along with expenses related to IVF procedures, co-pays, and deductibles associated with the surrogacy.

One of our coordinators will help the gestational carrier secure a $250,000 life insurance policy with premiums paid by the intended parents. The surrogate will have the option to designate her own beneficiaries. All fees specified during the surrogacy screening and outlined in the contract will be paid by the intended parents. Surrogates are not expected to pay any of these costs out of pocket.

Intended Parents Coverage

One of the most important legal priorities for intended parents is having a properly drafted surrogacy agreement and a clear plan to establish legal parentage. Parentage is typically finalized through a state-specific legal process—often a pre-birth or post-birth order—so the steps and timing can vary depending on where the birth and parentage proceedings occur.

To maximize enforceability and avoid delays, each party should be represented by experienced assisted reproduction/surrogacy counsel familiar with the relevant state's requirements, and the gestational carrier should have independent legal representation.

This is essential for properly establishing parentage and ensuring that birth certificates accurately reflect the intended parents. While a comprehensive and legally binding surrogacy agreement is crucial, the final authority rests with the state, which must enforce the contract and issue the legal documentation confirming the intended parents' parental rights. 

Intended parents and gestational carriers must be aware that although all of their rights, responsibilities, and liabilities are outlined in the surrogacy agreement, there is a chance a court may not enforce certain provisions dealing with rights that the court deems cannot be contracted away. Despite this, it is important for all parties to be on the same page at the outset of their relationship and to work with competent counsel when reviewing their contract. 

Peace of Mind

At the end of the day, surrogacy agreements are not only created for the legal aspects of the surrogacy journey but for both parties' peace of mind as well. The contracts help reduce stress during surrogacy, ensuring everyone's best interests are maintained and respected. 

If you are interested in beginning your surrogacy journey—either on your path to parenthood or as a gestational carrier—fill out an application today!