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What should you include in your surrogacy contract?

On Behalf of | Aug 22, 2025 | Custody and Parenting Time |

Surrogacy is a big step, and having a clear contract in place can make everything go much smoother. Whether you are becoming a surrogate or using a surrogate to grow your family in Wisconsin, it’s important to know what should be included in your surrogacy agreement. A good contract sets clear expectations, protects everyone involved, and helps avoid problems later on. 

Surrogate’s rights and responsibilities

The contract should explain the rights and duties of the surrogate mother. This includes agreeing to follow medical advice, attend doctor appointments, and take care of her health throughout the pregnancy. It should also outline her pay, reimbursement for medical costs, and how any risks, like needing bed rest or facing health problems, will be handled.

Intended parents’ obligations

The contract should also cover the responsibilities of the intended parents. This includes paying for the surrogate’s medical care and any expenses related to the pregnancy. It should also explain what will happen if there is a miscarriage or multiple babies, and whether the intended parents will be responsible for extra costs, such as hospital care or extended medical treatment.

Legal parentage and parental rights

One of the most important parts of a surrogacy contract is defining who the legal parents will be. The agreement should clearly state that the intended parents will be the legal parents of the baby once it is born. This is important, even though the surrogate carries and delivers the child. In Wisconsin, additional steps, like getting a pre-birth order or a court ruling, might be needed to establish legal parentage, and these should be covered in the contract.

Medical and psychological support

The contract should also talk about the medical and emotional support the surrogate and intended parents will get throughout the process. This might include counseling for both parties, regular check-ups for the surrogate, and ensuring everyone has the support they need.

Confidentiality and communication

Another important part of the surrogacy agreement is keeping things confidential. The contract should make sure that both the surrogate and the intended parents agree to keep personal information private. It should also outline how the two parties will communicate throughout the pregnancy to ensure both sides feel comfortable and informed.

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