The relationship between surrogate mothers and the intended parents is both crucial and complicated in that the surrogate is carrying the intended parents’ child inside her body for a significant period of time!  There are medical, emotional, legal and financial aspects of any surrogacy arrangement that must be discussed and agreed upon to ensure a smooth relationship.

It is extremely important that there be a written contract between the surrogate, her husband (if she is married), and the intended parents that lays out each party’s rights and responsibilities throughout the pregnancy and after the birth of the child. Many assisted reproduction medical providers will not conduct embryo transfers into a surrogate’s uterus without a signed surrogacy contract in place.

Contact us at 919-783-9669 today to discover how we can help with surrogate mother contracts.

There are two types of surrogate mothers:

  • Traditional surrogates – With traditional surrogates, the intended father’s sperm is artificially inseminated into the surrogate.
  • Gestational surrogates – These surrogate mothers undergo in vitro fertilization, where the fertilized egg from the intended mother and father is placed into the surrogate’s uterus and the surrogate carries the embryo to full term.

Surrogate mothers should consider surrogacy contracts to detail what her responsibilities are before, during and after the pregnancy, as well as the expectations of the intended parents. Even if all parties involved in the surrogacy are familiar with each other, or even family, a contract should still be written and signed. This type of document can help prevent undue stress, confusion or arguments during the pregnancy. A contract also helps all parties involved consider all the different possible outcomes of the assisted reproduction process and potential pregnancy.

If you need help with drafting or formalizing a surrogacy contract, contact a family law attorney. An experienced attorney who has helped other surrogate mothers can guide you through the requirements of the contract and give you an idea of what to expect from the contract process.