Helpful resources
A guide to reviewing a surrogacy contract before signing
A surrogacy contract sets out in writing who is involved, each party's responsibilities, how payments and expenses are handled, what protections exist and what happens if the process changes or ends. This guide summarizes what needs to be clear, questions worth asking and reasons to pause. You can download the Spanish PDF.
Content last reviewed: · General information, not professional advice.
How it usually progresses
A specific option
The agency explains its program, location and criteria.
Review
You receive the full contract and have your questions answered before deciding.
Written agreement
Payments, expenses, obligations and protections are documented. Confirm with legal counsel how the agreement must be formalized under the applicable legal framework.
Signing and next stages
Only then are the program's planned activities coordinated.
Who usually signs
- Intended parents: undertake their respective obligations, including specified payments and expenses.
- Surrogate: accepts the agreed obligations and retains the rights provided by law and the contract itself.
- The surrogate's partner: if their participation or signature is requested, ask for the legal basis and review it with independent counsel. Your decision is not the same as seeking your partner’s permission.
What needs to be clear
Not all contracts have the same conditions, but these topics should be identifiable and understandable.
Payments and expenses
Total amount, stages, release dates or conditions, separately covered expenses, and what happens if a transfer fails, the pregnancy ends or the process ends early.
Financial safeguards
A trust, managed account or other mechanism. Ask who controls it, when it is funded and how the availability of funds is verified.
Assessments and care
Which medical and psychological assessments are required, who coordinates them, where they take place and who covers tests, medication, travel, emergencies and hospitalization.
Obligations and communication
Attendance at appointments, agreed care, handling problems and communication arrangements. Obligations should be specific and compatible with your health, autonomy and the law.
Insurance and protections
If the program offers insurance or indemnities, review the policy type, term, insured amount, exclusions, deductibles, beneficiaries and who pays for each item. Do not assume coverage just because it is mentioned.
Privacy and confidentiality
Which medical, personal or financial data will be shared, with whom, for what purpose and for how long. Permission should be limited to what is necessary.
Termination and changes
Grounds for suspension or termination, financial consequences, outstanding expenses and continuing obligations. Any amendment must be in writing.
Birth and legal matters
How birth, legal parentage and subsequent procedures will be coordinated. The procedure depends on the program and applicable legal framework; see Legal framework.
A number is not enough
To compare options, you need to know both the total and how it is paid: when each payment begins, what conditions trigger it, which items are separate and what happens in scenarios other than the planned birth.
Questions before deciding
Use these when the program explains its offer or when reviewing the contract.
- What is the total amount and how is it divided by stage?
- Which expenses are covered separately and which are not?
- What happens to payments if a transfer is unsuccessful or the process ends early?
- Is there a trust, managed account or other financial safeguard?
- Who coordinates and pays for assessments, medication and travel?
- At which clinic and hospital would the in-person stages take place?
- What insurance or protections exist and what are their exclusions?
- Which obligations continue if there is a complication or the agreement ends?
- Who will have access to my medical and personal data?
- Can I receive a copy and review it with independent advice?
- How are later changes documented?
- Whom should I contact in an emergency or disagreement?
Reasons to pause and ask questions
Incomplete information
Payment schedules, expenses or key conditions are not provided in writing.
Pressure to sign
You are asked to decide immediately or discouraged from taking time to review the document.
Verbal changes only
Different conditions are promised without being included in the contract or a written agreement.
You are asked for money
A surrogate does not pay to participate. Any charge to you is a reason to pause.
How Tlacati can support you
We can help you organize your questions and identify whether an agency's explanation covers payments, expenses, assessments, protections and next steps. The decision is always yours and should be based on the specific program's conditions.
Download the guide (Spanish PDF)
This material summarizes topics in a model contract reviewed by Tlacati, without reproducing names, amounts or specific conditions. It is not legal, medical or financial advice and does not guarantee acceptance, payments, coverage or outcomes. The final contract should be reviewed before signing.
