A well-drafted surrogacy agreement is one of the most important tools for protecting both the intended parents and the surrogate. It outlines expectations, avoids misunderstandings, and provides a roadmap in case of unexpected medical, emotional, or legal developments.
Why It’s Important
Surrogacy in Arizona exists in a gray area. While not illegal, there is no comprehensive statutory framework, which makes a clear, enforceable contract critical.
Must-Have Clauses in a Surrogacy Contract
1. Parental Rights
Establish who the intended legal parents are and include language affirming that the surrogate will not retain parental rights.
2. Compensation and Medical Expenses
Whether the arrangement is compensated or altruistic, the agreement should specify:
- Base compensation
- Reimbursements (e.g., travel, maternity clothes)
- Health insurance coverage and liability for complications
3. Medical and Lifestyle Expectations
Clarify responsibilities such as:
- Prenatal care schedule
- Medication use
- Restrictions on travel, diet, or physical activity
4. Birth Plan and Post-Birth Process
Define:
- Who can be present during labor
- How the child will be handed over
- When and how the birth certificate will be amended
5. Conflict Resolution
Include terms for:
- Mediation or arbitration
- Jurisdiction (which state’s laws apply)
- How to handle disagreements during the pregnancy
At Modern Law, we help families and surrogates create fair, enforceable agreements that reflect mutual trust and legal clarity.
