Gestational Carrier Contracts

Surrogate Mother Contracts

A Surrogate Mother Contract is an agreement between the intended parent(s) and a surrogate mother and her partner/spouse, if any. These contracts can be compensated or uncompensated and are intended to detail the parties’ rights, obligations, intentions and expectations in connection with their arrangement. The contract addresses subjects such as parental rights, custody issues, location of delivery, future contact between the parties, and insurance (both health and life). In addition, the contract covers issues such as control over medical decisions during the pregnancy, payment of medical bills, liability for medical complications, availability of medical history and personal medical information on the gestational carrier, and intended parents’ presence during doctor’s visits and at the delivery. Financial considerations such as the surrogate mother’s compensation and expenses, including lost wages, legal fees, child care and maternity clothes are also addressed in the contract.

The Surrogate Mother Contract is usually negotiated once the intended parents and the surrogate mother and the surrogate mother’s partner/spouse, if any, undergo medical testing and are fully screened.

You will need an experienced Reproductive Attorney to draft your contract and review your Surrogate Mother’s medical insurance. Our office recommends Melissa B. Brisman, Esq., LLC.

** Please note that Melissa Brisman wholly owns and operates both Reproductive Possibilities, LLC and Melissa B. Brisman, Esq., LLC.