Checklist: Surrogacy Contract

Preparing a surrogacy contract is a complex task and should only be attempted by experienced attorneys. Your attorney will need certain information from you to draft the surrogacy contract. This checklist will help you provide your attorney the required information that he or she can use to prepare a surrogacy contract.


____    Date of the agreement

____    Names of the prospective parents and the surrogate mother

____    Age of all parties

____    Mother cannot sustain a pregnancy

____    Surrogate willing to undergo the required medical and psychological tests

____    Does the surrogate have health insurance and if yes, is she willing to keep the coverage in full force?

____    Agreement between the prospective parents and the surrogate over the use of assisted reproductive technology

____    Agreed number of attempts to achieve pregnancy

____    Surrogate willing to refrain from sexual intercourse until she achieves pregnancy within the agreed number of attempts

____    Surrogate agrees not to terminate the pregnancy unless required to save her own life

____    Surrogate shall not smoke, consume alcohol or drugs while pregnant

____    Surrogate shall undergo regular medical checkup as part of the prenatal care required by the doctors with/without the prospective parents/mother/father in attendance

____    Surrogate shall undergo any medical tests requested by the prospective father and mother

____    Surrogate shall observe the dietary restrictions imposed by the doctors during the pregnancy

____    Restrictions if any on the surrogate’s activities during the pregnancy

____    Prospective parents/father/mother will/will not be present at the time of the birth of the child

____    Surrogate and her husband waives all claims to physical and legal custody of the child

____    Surrogate and her husband shall terminate all parental rights upon the birth of the child

____    Acknowledgment from surrogate that it is in the child’s best interests to be raised by the child’s parents, i.e. the prospective parents
____    Surrogate shall give custody of the child to the prospective parents immediately after the birth and soon as it is medically safe to do so.

____    Terms of financial agreement between the parties

____    Compensation if pregnancy does not proceed to term

____    Confidentiality agreement

____    Severability clause

____    Statement that the contract constitutes entire agreement

____    Governing law

____    Signature

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