Helping Build Families Since 2012

Surrogacy and donation agreements

On Behalf of | Apr 13, 2023 | Surrogacy Law |

If you become a surrogate in California, you will usually be asked to sign a surrogacy agreement. Likewise, the egg donor will probably need to sign a contract. It’s very important to understand the purpose behind these agreements and what they say.

Purpose of surrogacy and donation agreements

Overall, the goal of a surrogacy and donation agreement is to establish the intended parents’ rights. In other words, it terminates any further rights or responsibilities that the surrogate has for the child once they are born.

Important procedure terms

The agreement should also outline the number of embryos to be planted. It may also tell what procedure will be done to implant those embryos. The contract should also outline what happens if the implant is unsuccessful.

Intended parents right to communicate

Nine months is a long time to wait for news that a child has been born. Therefore, the agreement should outline how the intended parents can communicate with the surrogate. It should also state whether or not the intended parents can talk to medical providers about the pregnancy and to what degree.

Surrogate restrictions

If the intended parents want to establish rules for the surrogate, they must be stated in the agreement. For instance, the contract may outline a diet the surrogate needs to follow and forbid her from doing specific activities or traveling outside a particular geographic area.


The agreement should state how medical expenses will be paid, including whether an escrow fund has been created to fund the delivery cost. If the surrogate or the donor will get further compensation, those terms should also be in the agreement.

It’s typically in everyone’s best interest if the surrogate, egg donor and intended parents sign an agreement before the embryo transfer to protect all parties. This agreement should outline expected activities and compensation.