What is a surrogacy agreement? Your 101 guide

In 2025, the very best agencies should be putting a whole lot of care into supporting and safeguarding each aspect of surrogacy – and the legal side of the journey is no exception.

But where do we begin when it comes to decoding the exact requirements and specific terminology? What is a surrogacy agreement? Do you always need one, and what rights and responsibilities does it provide, for both intended parents and surrogates? 

In partnership with leading US agency Pinnacle Surrogacy, we’ve put together this mini-guide to break down what you need to know – featuring expert insights from Rich Geisler, Principal and Founder of Fertility and Surrogacy Legal Group in San Diego, California. 

Each state has its own set of laws, so working with a reputable agency like Pinnacle Surrogacy is one of the best things you can do as you begin to navigate a surrogacy journey.

Keen to connect with their team? Whether you’re looking to become a surrogate or find a surrogate, they’re on hand to support you, throughout each and every stage.

Now, over to Rich for the quick surrogacy agreement 101.

What is a surrogacy agreement?

In simple terms, a surrogacy agreement sets the groundwork for a legally protected and respectful surrogacy journey. It ensures both you and your surrogate are clear about what to expect and what is required.

“It is a legal agreement that is between the intended parent and the surrogate.”, explains Rich.  

“No other party is a part of the agreement. It outlines the duties, rights and obligations of each party as well as the legal parameters for the parentage order that will be required by the court.”

Is a surrogacy agreement the same thing as a pre-birth order?

“No, the agreement is the contract between the parties. The pre-birth order is a parentage action that is completed and signed by a court with proper jurisdiction.”, Rich tells us. 

“It is the court order that grants the parental rights to the intended parents. A pre-birth order is one that is granted prior to the birth of the baby.”

So, while both are important legal steps, the surrogacy agreement comes first and lays the foundation for obtaining a pre-birth order.

What should be included in a surrogacy agreement?

“The agreement outlines the intent of the parties and the duties, rights and responsibilities of the parties.”, Rich explains.

“For instance, it will:

• list the parameters for the surrogate of the things that she should do and not do during the pregnancy
• discuss the obligations for the medical expenses as well as the compensations and milestones for payment to the surrogate
• discuss the rights of the parties in a termination of the pregnancy situation
• outline the methods for dealing with and the potential remedies in a breach situation”

These details ensure that both you and your surrogate have a clear understanding of expectations, finances, and procedures for any possible scenarios during the surrogacy process.

What rights and responsibilities would each party have?

As explained by Rich, the agreement will clearly define duties and responsibilities for both intended parents and surrogates. 

The specifics will vary depending on your individual situation, but these may include health and lifestyle choices during the pregnancy, financial obligations, compensation terms, and decision-making rights.

What happens if someone changes their mind?

“There are provisions that allow for the contract to be terminated by either party. However, once there is a confirmed pregnancy or if the parties are awaiting pregnancy results, neither party can terminate the agreement at that time.”, says Rich.

“The parties are legally compelled to complete the parentage process as determined by the agreement and the laws within the state.”

This provision protects everyone involved and ensures stability once the surrogacy process has begun.

What should we know about the confidentiality of surrogacy agreements?

There will typically be a provision in the agreement that clearly states that neither party will release any identifying information about the other party online, or to anyone else. 

“Most states also seal the records for the parentage filing, meaning that no third party has access to look up the case in the court system.”, explains Rich.

These confidentiality clauses protect the privacy of both surrogates and intended parents.

Are separate lawyers needed for intended parents and surrogates?

“Yes, most states, clinics and agencies require this before they will approve the start of medications.”, says Rich.

“This protects the parties and ensures that neither party signed the agreement without full disclosure and legal understanding of their obligations.” 

Separate legal representation ensures that both parties are fully informed and that the agreement is both fair and equitable.

What are the benefits of using an agency to navigate and create a surrogacy agreement?

There are so many benefits to using an agency to help with a surrogacy agreement.

“Agencies are critical to assist parents and surrogates to navigate the process.”, Rich explains. 

“It is a detailed and long journey from match to baby with many unique steps along the way. Agencies screen surrogates and use the best experts in the field to make the match and journey as smooth as possible.” 

The bottom line? Working with a leading agency like Pinnacle Surrogacy, you’ll gain access to expert guidance, ethical support, and streamlined processes, making your journey to parenthood (or becoming a surrogate) easier and more transparent.

Ready to get things moving?

Whether you’re exploring surrogacy to build your family or considering becoming a surrogate, understanding the legal framework is so key for your peace of mind as you begin your (incredible) journey. 

The team at Pinnacle Surrogacy follow guidelines set by an expert legal department to ensure everyone is on the same page on what’s required legally, for each and every match.

Their Laws and Guidelines hub provides lots of specifics on this, so head there for a full read-through and how the process works, in your state or chosen location.

Thinking about building your family via surrogacy? Head to Pinnacle Surrogacy to get started, and find a clinic near you.

Looking to become a surrogate? Skip to Pinnacle Surrogacy’s support hub. You’ll find the application right up top, plus lots of information on the screening process, and more.