Surrogacy Agreement Template: Rights, Expenses & Consent

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Surrogacy Agreement Template

This Surrogacy Agreement (“Agreement”) is entered into on [Date], by and between:

Intended Parents: [Full Legal Names, Addresses, Contact Information]

Surrogate (Gestational Carrier): [Full Legal Name, Address, Contact Information]

Together referred to as the “Parties.”

1. Purpose

The purpose of this Agreement is to establish the rights and responsibilities of the Intended Parents and the Surrogate in connection with a surrogacy arrangement.

2. Medical Procedures

The Surrogate agrees to undergo medical procedures necessary for embryo transfer, pregnancy, and delivery.
All medical procedures shall be performed by licensed medical professionals chosen by the Intended Parents in consultation with the Surrogate.

The Surrogate agrees to undergo medical procedures necessary for embryo transfer, pregnancy, and delivery.

All medical procedures shall be performed by licensed medical professionals chosen by the Intended Parents in consultation with the Surrogate.

3. Compensation and Expenses

Intended Parents shall compensate the Surrogate in the amount of $[Amount], payable in installments as outlined in Appendix A.
Intended Parents shall cover reasonable medical, legal, travel, and living expenses related to the surrogacy.

Intended Parents shall compensate the Surrogate in the amount of $[Amount], payable in installments as outlined in Appendix A.

Intended Parents shall cover reasonable medical, legal, travel, and living expenses related to the surrogacy.

4. Parental Rights

The Intended Parents shall be the legal parents of the child upon birth.
The Surrogate agrees to relinquish any parental rights and cooperate with legal procedures required to establish Intended Parents’ custody.

The Intended Parents shall be the legal parents of the child upon birth.

The Surrogate agrees to relinquish any parental rights and cooperate with legal procedures required to establish Intended Parents’ custody.

5. Insurance and Medical Costs

The Intended Parents shall provide health insurance coverage for the Surrogate and cover all medical costs related to the pregnancy and delivery.

6. Confidentiality

All Parties agree to keep the details of this Agreement and the surrogacy arrangement confidential, except as required by law or medical necessity.

7. Dispute Resolution

Any disputes arising from this Agreement shall be resolved first through mediation, and if unresolved, through binding arbitration under the laws of [State/Country].

8. Governing Law

This Agreement shall be governed by and construed under the laws of [State/Country].

9. Entire Agreement

This Agreement represents the full understanding of the Parties and supersedes any prior agreements, written or oral.

10. Signatures

Intended Parent 1: __________________________ Date: _________

Name: ______________________________________

Intended Parent 2 (if applicable): __________________________ Date: _________

Name: ______________________________________

Surrogate: __________________________ Date: _________

Name: ______________________________________

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Surrogacy Agreement Template: Rights, Expenses & Consent

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Surrogacy Agreement Template — quick answers

Reviewed July 2026 Free download, PDF & DOCX

What is a Surrogacy Agreement?

A Surrogacy Agreement is a legal document outlining the responsibilities and rights of the intended parents and the surrogate, including medical procedures, compensation, parental rights, and post-birth arrangements.

Why is a Surrogacy Agreement important?

It provides legal clarity, prevents disputes, and ensures that both parties agree on critical aspects such as medical care, financial arrangements, and custody of the child after birth. In many jurisdictions, such agreements are also required for legal recognition of parentage.

When should you use a Surrogacy Agreement?

Use it before beginning medical procedures, ideally after legal and medical consultations. This ensures that all parties fully understand their obligations and the process before moving forward.

What should a Surrogacy Agreement include?

It should cover medical procedures, surrogate compensation, insurance, parental rights, confidentiality, dispute resolution, and compliance with applicable surrogacy laws.

Is a Surrogacy Agreement enforceable everywhere?

No. Enforceability depends on state or country law, as surrogacy is regulated differently across jurisdictions. Legal counsel should always be consulted.