Surrogacy Contracts in Delaware: What’s Included and Why It Matters

Are Surrogacy Contracts Enforceable in Delaware?

Yes, surrogacy contracts can be enforced here. Delaware is one of many states in the country that are considered surrogate-friendly.

The state’s legal framework is built around the Delaware Gestational Carrier Agreement Act, which provides clear-cut rules for making these contracts legally binding.

To ensure your agreement stands up in court, it must meet specific requirements. For instance, you must have already completed a medical and mental health evaluation, and all parties must be represented by separate, independent lawyers.

Once these steps are met and the legal clearance process is finished, the contract is enforceable. This legal backing ensures that the intended parents are held responsible for the child and that you are guaranteed the support and compensation promised to you.

Your attorney will also ensure the document does not include any unenforceable contract terms, such as clauses that try to sign away your fundamental rights as a patient.

What Happens If a Surrogacy Contract Is Breached?

While serious conflicts are incredibly rare in agency-led journeys, the contract is designed to handle a breach of contract fairly.

Knowing what happens if contract breached allows you to focus on a healthy pregnancy instead of worrying about legal technicalities.

Contract disputes mediation

Most Delaware contracts require the parties to attempt mediation before taking a dispute to court. This involves a neutral third party helping everyone reach a solution that respects the original agreement.

Breach of surrogacy contract consequences

If a party fails to meet their obligations—such as intended parents failing to pay medical bills—the contract allows for financial remedies. However, Delaware law is very protective of your bodily autonomy.

A court cannot force you to undergo a specific medical procedure or follow a lifestyle restriction that violates your personal rights, even if it was mentioned in the agreement.

The breach of surrogacy contract consequences are typically financial or related to the termination of the agreement, rather than controlling your physical person.

Understanding Surrogate Compensation in Delaware: How Payment Is Structured in Your Contract

Your agreement will provide a transparent view of how you are supported financially. Fair surrogacy compensation is a standard part of the process in Delaware, and your lawyer will help you review the payment structure options to ensure you are comfortable.

The compensation section of your contract will cover:

• Base compensation: The core amount paid for your time and the physical demands of pregnancy.
• Monthly allowance: Funds to cover local travel, vitamins, and other incidental costs.
• Recovery time compensation: Additional funds to support you and your family while you heal after delivery.
• Escrow account requirements: Delaware law and agency standards require that the intended parents fund an escrow account with the full amount of your compensation before you ever begin a medical cycle. This ensures the money is already set aside and managed by an independent professional.

Medical Rights in a Surrogacy Contract

As a surrogate, you never lose your right to quality healthcare and personal privacy. Your medical rights are a major focus of the contract negotiation stage.

Medical records access rights

The contract will specify who can see your medical records. While intended parents need updates on the pregnancy and the health of the baby, your private medical history remains protected.

Choosing OB doctor for surrogacy

You should have a say in choosing your OB doctor for surrogacy.

Most contracts specify that you will deliver at a hospital near your home with a doctor you trust, as long as they are in-network for the insurance being used.

Medication approval process

Before the embryo transfer, you will go through a medication approval process. The contract ensures you understand the fertility clinic’s protocols and that you agree to the specific hormones and medications required for a successful transfer.

Pregnancy Termination and Reduction Clauses

These are some of the most sensitive parts of the agreement, but they are included to ensure you and the intended parents are on the same page.

Your termination and reduction clauses are based on the conversations you have during the matching process.

The contract will detail:

Lifestyle and Travel Restrictions in Surrogacy Contracts

To protect the health of the baby and ensure you have a safe delivery, the contract will include some basic boundaries for your daily life. These are meant to mirror the advice any doctor would give a pregnant patient.

Travel restrictions during pregnancy

As you get closer to your due date, you will follow travel restrictions during pregnancy that keep you within a certain distance of your delivery hospital.

This prevents you from being in a situation where you have to deliver in an unfamiliar facility without your support team.

Exercise and diet restrictions

Your agreement will include exercise restrictions during surrogacy and diet restrictions during surrogacy to ensure the pregnancy has the best chance of success.

This usually means avoiding high-impact sports or specific foods that are known to carry risks during pregnancy, like raw fish or unpasteurized dairy.

What the Contract Says About Labor and Delivery

The legal contract sets the stage for your delivery experience, ensuring your wishes are respected when the baby arrives.

Delivery room presence rights

You get to decide who is in the room with you for support.

 Your delivery room presence rights allow you to identify your spouse, friend, or doula as your primary support, while also specifying when the intended parents will enter to meet their child.

Pumping agreement contract

If you are interested in providing breast milk after birth, a pumping agreement contract will be included. This outlines how long you are willing to pump and the compensation you will receive for the extra time and supplies required.

Insurance Requirements in a Delaware Surrogacy Contract

No surrogate should ever have to worry about medical bills. Your insurance coverage is verified during the legal clearance process.

If your current health insurance is not surrogate friendly insurance, the intended parents will pay for a supplemental policy that covers the pregnancy. The contract also requires life insurance requirements and disability insurance coverage to be purchased on your behalf.

This ensures that if you face any complications that prevent you from working or caring for your family, you are financially protected.