Lawyers must prepare a clearly written agreement that documents the parties’ intentions and expectations. There is no “standard” surrogacy agreement as each agreement is highly negotiable. Intended Parents and the Gestational Carrier should be represented by qualified independent counsel.


Whether or not the Intended Parents and Gestational Carrier have been matched through an agency or independently, there are certain considerations that should go into each agreement:
  • What is the intent of the parties
  • What pre-screening is going to occur
  • Are any background checks going to be performed
  • What releases, including HIPPA releases will be executed
  • Payments to be made
  • What payments are lawful
  • How much will be paid
  • When are payments to be made
  • How payments are to be disbursed
  • What tax issues might arise
  • Will life insurance be procured for Gestational Carrier
Sleeping Child - Surrogacy in Denver, CO
  • Will current health insurer provide coverage or will independent coverage need to be purchased
  • What conception and medical instructions will be included
  • What lifestyle prohibitions and pre-natal care will be included
  • What are the expectations of Intended Parents and Gestational Carrier in terms of involvement during pregnancy and at the hospital
  • What is the residency of Gestational Carrier and will there be travel restrictions
  • What is the expectation for confidentiality and what are the expectations for future contact
  • What are the termination of parental rights and birth certificate issues
  • What is the choice of law provision
  • Whether and how to address constitutional rights and waivers in the agreements