Surrogacy offers an extraordinary way to build a family. But it’s also a complex process that requires careful planning.

It’s crucial to have a well-drafted surrogacy agreement to protect the surrogate, the intended parents and the child. It should clearly define everyone’s rights, responsibilities and expectations.

While everyone’s situation is unique, certain core provisions should be included in every surrogate contract.

1. Identification of the parties and intent

Every surrogacy agreement should clearly identify the intended parent or parents, the surrogate and the surrogate’s spouse or partner, if applicable. The agreement also needs to explicitly state the parties’ intent: that the surrogate is carrying the pregnancy for the intended parents and that the intended parents will be the child’s legal parents. This clause can play a critical role in establishing legal parentage.

2. How legal parentage will be established

The agreement should outline how parentage will be legally secured. Both parties must agree to cooperate in obtaining a pre-birth or post-birth order declaring the intended parents to be the child’s legal parents. It’s crucial that everyone signs the necessary documents and participates in court proceedings to establish legal parentage as smoothly as possible.

3. Compensation and financial arrangements

Minnesota is a “surrogacy-friendly” state that allows surrogates to receive compensation. The surrogacy agreement should clearly outline the financial terms, including:

  • Base compensation
  • Payment time
  • Reimbursement for medical expenses
  • Other agreed costs

Clearly stating the financial provisions reduces misunderstandings.

4. Medical decisions and expectations

A pregnancy can have unexpected medical developments, and those possibilities must be addressed in advance. The agreement should discuss prenatal care expectations and how decisions involving serious medical complications, selective reduction or termination would be handled.

The surrogate maintains bodily autonomy, but discussions and documentation of expectations help prevent conflict amid difficult circumstances.

Legal guidance is essential when drafting a surrogacy agreement. They can ensure that the contract protects legal rights, minimizes risk and allows everyone involved to focus on welcoming a child into the world.