Posted on June 09, 2025, by WSC in Blog, Surrogacy legal process, Legal protection in surrogacy
Surrogacy isn’t just a medical or emotional journey—it’s a legal one, too. Making sure everyone’s rights are protected is essential. In this post, we explain why contracts matter, how parental rights are established, and what surrogates can expect during the legal process.
Why a Surrogacy Contract Is Essential
A surrogacy agreement outlines every detail of the journey—before anything medical begins. It protects both the surrogate and the Intended Parents by clearly stating:
- Medical expectations and lifestyle guidelines (no smoking, alcohol, etc.)
- Compensation terms and payment schedule
- Medical decision-making rights
- What happens in case of complications or multiple births
- Custody and parental rights after birth
Both sides have legal counsel—surrogates are always provided an independent attorney, paid for by the Intended Parents, to ensure their rights are fully understood and protected.
Establishing Legal Parenthood
Even if the surrogate has no biological connection to the baby, legal steps must be taken to transfer full parental rights to the intended parents.
In many U.S. states, a Pre-Birth Order is filed by attorneys late in pregnancy, stating that the Intended Parents will be listed on the birth certificate from the moment the baby is born. This order ensures the child legally belongs to the intended parents immediately.
In some states, legal paperwork is done after birth instead, through a Post-Birth Parentage Order. The process depends on local laws, but the result is the same: ensuring the baby goes home with their legal parents.
What Legal Support Looks Like for Surrogates
Surrogates never go through the legal process alone. From the moment they begin their journey, they are supported by a dedicated team that includes legal professionals, case managers, and experienced agency coordinators. This team works collaboratively to ensure that every legal document is clearly explained, every question is answered, and every concern is respectfully addressed.
One of the most important protections for surrogates is the right to independent legal representation—an attorney who represents the surrogate exclusively, at no cost to her, and advocates for her interests throughout the agreement process. This attorney reviews the surrogacy contract in detail, ensuring the surrogate fully understands her rights, responsibilities, and the legal implications of every clause.
This isn’t just a formality—it’s a cornerstone of ethical surrogacy. Providing legal clarity and ongoing support helps surrogates feel secure, empowered, and respected. It’s how trust is built and how everyone—surrogates, intended parents, and professionals—move forward with confidence.
Conclusion
Legal clarity isn’t just paperwork—it’s peace of mind. With the right agreements in place, surrogates, intended parents, and most importantly, the baby, can begin this new chapter grounded in trust, security, and mutual respect.