What to Put in a Surrogacy Contract Template

For many individuals and couples, surrogacy is a wonderful way to grow a family. It’s a journey full of hope, trust, and teamwork, but like any legal process, it takes careful planning. That planning starts with a clear and detailed surrogacy contract.

Knowing what these contracts are, why they are important, and how a surrogacy lawyer can help will make it easier for your family to move forward with confidence.

What Is a Surrogacy Contract?

A surrogacy contract, also called a gestational carrier agreement, is a legal document. It explains the roles, rights, and responsibilities of everyone involved in the surrogacy process. This includes the intended parents and the gestational surrogate, who is the person carrying the baby but not biologically related to the child.

These agreements cover things like payment, medical care, communication, and what happens if something unexpected occurs. In Illinois, surrogacy is protected by state law. A written contract must be in place before any medical steps begin. This allows the intended parents to be listed on the baby’s birth certificate without needing to go through adoption later.

Why Is a Surrogacy Contract So Important?

Surrogacy involves deeply personal and emotional decisions, from embryo transfers and prenatal care to financial planning and birth arrangements. It’s essential that everyone involved is on the same page from the very beginning.

For LGBTQ families in particular, having a clear legal contract is vital. It ensures both intended parents are recognized legally from the start. Without this protection, misunderstandings or disputes could impact not just the intended parents and the surrogate, but the child as well.

A well-crafted contract helps build trust, offering clarity and respect for everyone involved. It outlines the surrogate’s rights and responsibilities and gives intended parents the legal framework to be acknowledged as their child’s parents from birth.

When there’s agreement on key issues — like medical decisions, finances, communication, and testing — the journey is smoother for everyone.

What Should a Surrogacy Contract Include?

Every surrogacy journey is different, so each contract should be written for that specific situation. At the very minimum, your agreement should reflect your family’s needs and follow Illinois law, but we recommend consulting with a surrogacy lawyer to ensure your contract is comprehensive and legally binding.

A complete surrogacy contract usually includes:

• Names and details: Full legal names of the intended parents and the surrogate.
• Payment and costs: How much the surrogate will be paid and who will pay for expenses like travel and doctor visits.
• Medical choices: Agreements about fertility treatments, embryo transfers, and any genetic testing.
• Parent rights: Steps to make sure the intended parents are legally listed on the birth certificate.
• Health and lifestyle rules: Agreements about pregnancy care, medications, travel, and other wellness topics.
• Communication: How often everyone will stay in touch, attend doctor visits, and make decisions.
• Preparing for different situations: Plans for how to handle multiple pregnancies, medical problems, or emergencies.

The Benefits of Hiring a Lawyer for a Surrogacy Contract

Surrogacy contracts involve important details about medical care, finances, and legal parentage. Having the right legal support can make the process easier to understand and more respectful for everyone involved. Here’s how a lawyer can help:

• Follows Illinois law: Hiring a surrogacy lawyer ensures your agreement follows Illinois-specific laws. They’ll guide you through the legal process to make sure your rights—and your child’s—are fully protected from the start.
• Protects everyone’s rights: A lawyer helps clearly outline the rights and responsibilities of both the gestational surrogate and the intended parents.
• Helps avoid confusion: Legal guidance makes sure all expectations are clear, which can prevent stressful misunderstandings down the road.
• Makes the process easier to manage: A lawyer takes care of the legal work so families can focus on preparing to welcome their child.

Hiring a lawyer provides peace of mind and helps create a strong foundation for a successful surrogacy experience.

Start Your Journey With Confidence

Whether you’re just beginning to explore this path or preparing to move forward with a gestational surrogate, having the right legal support makes all the difference.

At Metz & Jones LLC, we approach every surrogacy arrangement with empathy and a deep understanding of Illinois law. We start by learning your goals and your family’s story. Whether you’re planning to work with a friend as your gestational surrogate or going through a surrogacy agency, we make sure your agreement reflects your values and needs and protects your legal rights.

Our firm assists in drafting and reviewing surrogacy agreements, securing legal parentage through court orders, and guiding you through every step with compassion. Contact us online or call (773) 878-4480 to schedule a consultation. We’ve proudly supported LGBTQ families in Chicagoland for over 40 years, and we’re honored to be part of this important chapter in your life.