Surrogacy Contracts in Iowa: What’s Included and Why it Matters

In Iowa, your surrogacy contract is the most important document you will sign. It defines your medical rights and ensures your compensation is secure.

A properly executed contract allows the court to recognize the intended parents as the legal parents, ensuring your rights are protected before any medical procedures begin.

If you want to verify your process is legally compliant, contact a surrogacy specialist to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the interaction between you and the intended parents. In Iowa, this document must be finalized and signed before you begin medical procedures for the embryo transfer.

The contract generally covers several key areas:

• Intent and Parentage: This section states that you intend to carry the child for the intended parents and do not intend to be the legal parent. This clause is vital for the pre-birth or post-birth orders required to place the intended parents’ names on the birth certificate.
• Financial Terms: Your contract provides a detailed breakdown of compensation, including base pay, monthly expense allowances, and maternity reimbursements. It also sets requirements for an escrow account to ensure funds are available when needed.
• Medical Expectations: This section outlines the medical protocols you agree to follow, such as IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for pregnancy costs or medical complications. These risks shift entirely to the intended parents.
• Conduct and Lifestyle: The contract sets boundaries regarding travel, diet, and activities to support a healthy pregnancy.

Are Surrogacy Contracts Enforceable in Iowa?

Yes. In the 2018 case of P.M. v. T.B., the Iowa Supreme Court ruled that gestational surrogacy contracts are valid and enforceable. The court noted that banning these contracts would deprive couples of the opportunity to raise their own children and limit the autonomy of surrogates.

You can read the full opinion on the Iowa Judicial Branch website.

Additionally, the Iowa Department of Public Health has established administrative rules for surrogacy birth certificates. Iowa Administrative Code 641—99.15 outlines exactly how a birth certificate is created following a surrogacy arrangement.

You can read the full text of the rule here: Iowa Admin. Code 641—99.15.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs if either party fails to meet a significant obligation in the agreement. Because the Iowa Supreme Court has upheld these contracts, parties can seek legal recourse in court.

Financial remedies are the most common outcome. For example, if a surrogate violates a safety protocol, she may lose specific payments. If the intended parents fail to pay, you have the right to halt medical procedures until the issue is corrected.

Understanding Surrogate Compensation in Iowa

Iowa does not have a statute capping surrogate compensation. While Iowa Code § 710.11 bans the purchase or sale of a person, it contains a specific exemption for “surrogate mother arrangements.” Compensation must be for the service provided rather than the relinquishment of rights.

You can view the specific statute here: Iowa Code § 710.11.

Your payments are generally divided into three categories:

• Base Compensation: Your primary fee, typically paid in monthly installments after a fetal heartbeat is confirmed.
• Allowances and Start Fees: Payments to cover incidental costs like medication start fees and a monthly allowance for vitamins and mileage.
• Event-Based Payments: One-time payments for milestones like maternity clothing allowances or fees for invasive procedures.

To keep these payments secure, your contract will mandate that intended parents deposit funds into a licensed and bonded escrow account before medical treatment begins.

Medical Rights in a Surrogacy Contract

You never lose your rights to bodily autonomy. Your contract creates a framework for collaboration while respecting your rights as a patient. Key medical provisions typically include:

• Provider Selection: The agreement confirms your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow medical advice and protocols from the fertility clinic and your doctor.
• Information Sharing: You will sign HIPAA releases so intended parents can speak with your medical providers and stay informed.

Pregnancy Termination & Reduction Clauses

Iowa currently enforces a strict “fetal heartbeat” law, which bans most abortions once cardiac activity is detected, typically around six weeks of pregnancy.

• Legal Reality: Your contract cannot require you to perform an illegal act. Termination clauses must reflect state law, specifically Iowa Code Chapter 146E.
• Bodily Autonomy: While the contract outlines intended parents’ desires regarding termination for genetic defects, a court cannot force you to undergo the procedure.
• Exceptions: The law includes exceptions for medical emergencies to preserve the life of the surrogate, or in cases of rape or incest reported within a certain timeframe.

Lifestyle and Travel Restrictions

The contract includes reasonable limitations to protect the health of the baby. Common lifestyle clauses include:

• Diet and Substances: You agree to avoid high-risk foods and abstain from alcohol, nicotine, and illegal drugs.
• Travel Restrictions: You may be restricted from traveling out of state after 24–28 weeks. This ensures you do not accidentally give birth in a neighboring state with different parentage laws.

What the Contract Says About Labor and Delivery

The birth plan acts as a guide for the hospital experience to reduce stress.

• Legal Mother Presumption: In Iowa, you are presumed to be the legal mother at birth. Your contract specifies that you will cooperate with the post-birth process required to transfer rights to the intended parents.
• Delivery Room Presence: States whether the intended parents are permitted in the room, pending hospital policy.
• Pumping Agreement: If you agree to provide breast milk, the contract sets a compensation rate and requires the intended parents to cover all supplies.

Insurance Requirements in an Iowa Surrogacy Contract

Your contract will require a review of your health insurance to see if it covers a surrogacy pregnancy. If it does not, the intended parents must purchase a separate surrogate-friendly policy for you. Additionally, the intended parents are required to purchase a life insurance policy for you, typically with a benefit of $250,000 or more.

How Surrogacy Contracts Differ: Agency vs. Independent

In an independent journey, you are responsible for ensuring your contract facilitates the complex two-step process often required in Iowa—a pre-birth order for the genetic father and a post-birth adoption or order for the second intended parent.

Working with an agency provides:

• Screening: We verify that intended parents are financially capable before you match.
• Legal Coordination: We connect you with qualified Iowa attorneys who understand the requirements of IAC 641—99.15.
• Mediation: If a disagreement arises, your specialist acts as a mediator to resolve the issue professionally.

Next Steps for Your Iowa Surrogacy Journey

Your contract is designed to protect your finances and your body so you can focus on a healthy pregnancy. We handle the legal and administrative details to ensure you and the intended parents are united in your goals.

If you are ready to begin a journey in Iowa where your rights are protected, contact us online to speak with a specialist today.