Surrogacy Contracts Abroad: What They Cover and How Far They Protect You

What is a surrogacy contract?

A surrogacy contract, often called a gestational surrogacy agreement, is a written agreement between the intended parents and the surrogate, and her partner if she has one, signed before any embryo transfer. It records consent, payments, medical arrangements, insurance and the plan for legal parentage after birth.

When the surrogacy happens in another country, the contract has to work under that country's law, and the parentage plan has to work under yours. That is why a surrogacy contract is never a standalone document: it sits inside the legal framework described in our guide to surrogacy laws by country. This post explains what a good agreement covers and where its limits are. For the wider ethical questions, see our companion post is international surrogacy ethical?

What a gestational surrogacy agreement covers

A thorough agreement covers the parties and their consent, eligibility and screening, the medical plan including the number of embryos to transfer, compensation or expenses and how they are paid, insurance, the surrogate's medical decision-making, confidentiality and contact, what happens in difficult scenarios, the legal steps to establish parentage, and how disputes are resolved.

Is a surrogacy contract enforceable? It depends on the country

Enforceability varies widely. Some US states give a compliant agreement legal effect on parentage, while England and Wales treat surrogacy arrangements as unenforceable, and Ontario treats them as evidence of intent only. Everywhere, courts are very unlikely to force a surrogate to do anything with her body. The contract's main job is to prevent disputes.

• California. Family Code § 7962 requires separate independent lawyers and notarised signatures before embryo transfer or injectable medication begins. A compliant agreement rebuts any presumption that the surrogate is a parent.
• New York. Family Court Act § 581-403 sets mandatory terms, including independent counsel, escrow of compensation and insurance, and a Surrogates' Bill of Rights sits alongside it.
• England and Wales. The Surrogacy Arrangements Act 1985 makes surrogacy arrangements unenforceable by or against the parties. Parents rely on a parental order after birth instead.
• Ontario, Canada. The Children's Law Reform Act treats a surrogacy agreement as unenforceable, though it can be used as evidence of the parties' intentions.
• Court-approval systems. Some countries, such as Greece and the Republic of Cyprus, require a court or regulator to approve the arrangement before transfer, so the approval matters more than the contract alone.

ESHRE's 2025 ethics paper makes the same practical point: legal enforcement of the surrogate's behaviour is generally not possible before delivery, while the agreement still binds intended parents, for example if the child is born with a disability. Your home country may also ignore a foreign contract entirely when deciding who the parents are. Our citizenship and parentage guide explains how this works for US, UK, Canadian and Australian parents.

Why independent legal counsel is essential

Each side needs its own lawyer, who owes duties only to them. ASRM, ESHRE and FIGO all recommend independent legal advice for the surrogate, and California and New York require separate counsel by law. Intended parents usually also need a third lawyer in their home country for parentage and citizenship.

Independent counsel protects the surrogate's informed consent and protects you, because an agreement signed without real advice is easier to challenge and harder to defend. Be wary of any agency offering one lawyer "for everyone". English courts have repeatedly warned intended parents to take expert advice before entering overseas arrangements; in Re Z [2025] EWHC 339 (Fam) (opens in new tab), parents were stuck abroad for years after an unlawful arrangement.

Translation, notarisation and apostilles

A contract signed abroad often needs a certified translation, notarised signatures and, for official documents used in another country, an apostille. As of mid-2026 the Hague Apostille Convention had 130 contracting parties, including Canada since January 2024. Agree in writing which language version is legally binding.

• Language. Each party should receive the agreement in a language they fully understand, with a certified translation where needed. A surrogate cannot give informed consent to terms she cannot read.
• Notarisation. Many jurisdictions require notarised or witnessed signatures. California requires it before medical steps begin.
• Apostille or legalisation. Birth certificates, court orders and powers of attorney used across borders usually need an apostille (between Convention countries) or consular legalisation (otherwise). An apostille confirms the signature and seal on a document, not that its contents are lawful.

Clauses on termination and selective reduction

These clauses deserve careful, compassionate discussion before signing. Professional guidance and several laws protect the surrogate's right to make decisions about her own pregnancy, including whether to continue or end it. A contract can record shared expectations, but it cannot compel a surrogate to undergo or refuse a procedure.

ASRM says no agreement should contradict a gestational carrier's protected reproductive decision-making, while encouraging the parties to discuss their views on selective reduction and termination in advance. New York law states plainly that the agreement shall not limit the surrogate's right to terminate or continue the pregnancy, or to reduce or retain the number of embryos or fetuses. FIGO says she remains the ultimate decision-maker on mode of delivery and medical interventions.

In practice, ethical programmes match intended parents and surrogates whose values on these questions are compatible, discuss prenatal testing in advance, and transfer a single embryo to reduce the chance of facing a reduction decision at all. Laws on termination also differ by country and can change, so ask the destination lawyer what is permitted there.

Insurance and escrow

The contract should name the health policy covering the pregnancy, birth and complications, set out who pays any shortfall, and cover newborn care. Payments to or for the surrogate should be held by an independent escrow agent and released on a written schedule, with clear rules on refunds if the arrangement ends.

Check whether the surrogate's local insurance excludes surrogate pregnancies, whether there is cover for neonatal intensive care, and whether life or disability cover is provided. New York's statute requires the agreement to explain how medical expenses are covered and requires disability insurance for the surrogate. Our guide to choosing a surrogacy agency lists the questions to ask about escrow and fee transparency.