You get your own lawyer — always
Before any contract is signed, you're required to have independent legal counsel — a lawyer whose only job is to represent your interests, separate from the intended parents' attorney. This isn't optional, and it's typically paid for by the intended parents as part of the arrangement.
What the surrogacy contract covers
Compensation & payment schedule
Exact amounts, what triggers each payment, and what happens in different scenarios (twins, C-section, etc.)
Medical decision-making
Who makes which decisions during pregnancy, and your right to make decisions about your own body.
Parentage rights
Confirms the intended parents are the legal parents — and that you are not.
Contact & communication
Agreed expectations for contact during and after the pregnancy.
Insurance & expenses
What's covered, by whom, and how reimbursements are handled.
Contingency planning
What happens in rare but important scenarios — selective reduction, loss of pregnancy, multiples.
Parentage orders: how legal parenthood is established
Most U.S. states allow a pre-birth order — a court order, obtained before delivery, that confirms the intended parents as the legal parents the moment the baby is born. In states where pre-birth orders aren't available, a post-birth order achieves the same result shortly after delivery. Either way, you are never listed as the legal parent, and you have no parental rights or obligations toward the child.
"You are protected by a legal process designed specifically so you never have to worry about parental obligations after delivery."
State law matters
Surrogacy law varies significantly by state — some have explicit, surrogate-friendly statutes, others rely on case law, and a couple restrict compensated surrogacy entirely. See our full state-by-state breakdown to understand how your state's laws apply. Wherever you're located, your independent attorney will explain exactly how your state's laws apply to your situation before you sign anything.
Common legal questions
Do I have to pay for my own lawyer?
No — the cost of your independent legal counsel is virtually always covered by the intended parents as part of the standard arrangement.
Can I change my mind after signing the contract?
The contract is a binding legal agreement, so it's important to take the time you need before signing — your attorney will walk through every clause with you and won't let you sign until you're fully comfortable.
What if the intended parents don't pay as agreed?
Your contract includes specific payment terms and remedies if those terms aren't met. This is exactly why having your own attorney — and a clear, detailed contract — matters so much.