We often say that surrogacy is not a transaction, but a serious and profound journey of cooperation. In the United States, this journey begins with a contract. That's right, that surrogacy contract is not a cold legal document, but the foundation of mutual trust between the expectant parents, surrogate mothers (also known as "loving mothers"), and the team behind them.

For many Chinese families who want to achieve their dream of becoming parents through surrogacy in the United States, they first need to figure out: what exactly is written in this contract? What are the key terms? What details cannot be ignored?

01 | What is a 'surrogacy contract'? It's not just about signing a document, it's a legal agreement signed between expectant parents and surrogate mothers. But its function is far more important than you imagine.

It will write clearly:

Who is responsible for what money, how to pay for medical care, how to arrange for the child to be born, who will be responsible for it, and how to handle any unexpected situations? This contract also mentions the role of an intermediary agency (if arranged through a surrogacy agency). Although the agency is not a signatory to the contract, they usually coordinate medical and legal affairs and act as a "lubricant".

What is written in the contract? How to arrange embryo transfer when everything is related to "life"? It is usually stipulated how many times to transplant, how many embryos to transfer each time, and within what time to complete. For example, most contracts will specify:

Within one year after signing the contract, a maximum of three attempts at transplantation can be made. If the pregnancy is successful, the contract will be extended until six months after the birth of the child; If it is not successful, this contract will automatically end.

This is not a fixed rule, but to let both parties know when to persist and when to reassess.

Simply put, the medical examination for surrogate mothers is to ensure their physical health and suitability for pregnancy. This section is very detailed, including:

Whether blood tests, virus screening, and drug testing meet FDA (US Food and Drug Administration) standards. If a surrogate mother has a partner, he/she sometimes has to cooperate with physical examinations. This is not only for the baby, but also for the surrogate mother's own health.

Psychological assessment and emotional support during pregnancy are not just about the body, but also about the psyche. The contract will require the surrogate mother to undergo a psychological assessment to ensure that she is not signing this agreement in a state of "emotional fragility" or "psychological struggle".

And the process of surrogacy is long and arduous, with normal emotional fluctuations. The contract will also specify that surrogate mothers can receive psychological counseling and emotional support throughout the process, accompanied by a professional team.

The step of combining health insurance and life insurance is both practical and important. The medical expenses in the United States are high, with a pregnancy check-up or emergency surgery costing tens of thousands of dollars. So, expectant parents should purchase comprehensive pregnancy health insurance for surrogate mothers.

Additionally, there is one thing that many people haven't thought of: life insurance. Yes, although it sounds heavy, it is a sign of respect and protection for the surrogate mother and her family. We cannot assume risks, but we must be prepared for any unforeseen circumstances.

03 | Does the contract also have "constraints" on surrogate mothers? Yes, but it's not harsh. After signing the contract on behalf of the mother, it's not about saying 'I'm willing', but about following some agreements in terms of daily life and medical care. This is not distrust, but to ensure that the entire pregnancy process is safer.

include:

In terms of medical care, timely injections, regular check ups, and listening to doctors. In terms of daily life, smoking and drinking should be avoided, drugs should be avoided, and high-risk sports such as skiing and bungee jumping should be avoided. In terms of travel, during the later stages of pregnancy, it is usually not allowed to leave designated states to prevent premature birth or emergency situations from not being handled in a timely manner. These regulations may sound too many, but in essence, they are in one sentence: take the baby in your belly as your responsibility, do your best, and don't make mistakes.

04 | When a child is born, to whom does it belong? The ownership of parental rights must be clearly stated. In the United States, most states have very clear laws regarding surrogacy. After a child is born, the legal parents are intended parents, not surrogate mothers.

So the contract will clearly state:

The surrogate mother and her partner do not have parental rights. Once a child is born, it is placed under the custody of the intended parents. If necessary, the parent-child relationship is established through court procedures, and even a paternity test is conducted to prevent any misunderstandings or legal disputes in the future.

How is money paid? The most secure way to manage a custodial account is to prevent payment disputes. Expectant parents will set up a custodial account with a third-party organization, and the money inside will mainly be used for:

The payment of surrogate mother's remuneration, medical, examination, insurance and other related expenses (such as transportation and accommodation), and the custody account are managed by a professional company. The payment time, amount, and records are transparent throughout the process, and both parties can rest assured.

06 | What should I do in case of an unexpected situation? The contract also includes a 'Plan B'. There are always times in life when a plan cannot keep up with changes. The same goes for surrogacy.

The contract will specify how to handle various unexpected situations, such as:

What if the embryo fails to implant successfully? Will I try again if I have a miscarriage halfway through? What if there is a stillbirth? These contents are not "crow's beak", but setting up a "safe exit" in advance for everyone, so that in case they encounter it, there are rules to follow.

07 | How to talk about it? How to sign? Don't be afraid of complexity, professional lawyers will help you step by step. Many expectant parents are most worried about how to sign contracts if they don't understand English or law?

Don't worry, this is not just a headache for you facing the computer alone, but a systematic process:

Generally, the first version of the contract is drafted by the lawyer of the expectant parents and reviewed by the lawyer representing the mother. Suggestions for modifications are made through multiple rounds of negotiation between the lawyers of both parties until all terms are clear, fair, and legal. Before the formal signing, both parties will read each word and sentence carefully to ensure that each item is "in accordance with their own rights".

08 | A few suggestions: When it comes to surrogacy contracts, it is important to seek professional lawyers who are familiar with assisted reproductive law in the United States, rather than marriage lawyers or criminal lawyers. Don't trust template contracts easily: Online templates are often too general and incomplete, and using them can actually lead to pitfalls. Clearly identify each 'what if' clause: especially regarding child ownership, accident handling, expense allocation, etc., it is best to have multiple 'scenario plans'. Fairness is the bottom line: whoever spends money does not have the the final say. The safety, dignity and voice of surrogates in the contract must also be carefully protected. In conclusion, a good surrogacy contract should not only be a document that is only turned up when one is afraid of something going wrong, but also throughout the entire pregnancy process, it should let everyone know what to do, what not to do, and how to deal with situations.

It is not a cold paper, but a legal carrier of mutual trust.

If you are preparing to embark on this path of surrogacy, please make sure to start with a reliable contract, protect the woman who is willing to carry hope for you, and also protect your dream of becoming parents.

We have always been by your side, accompanying you every step of the way.