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

What Should Be Included in a Surrogacy Contract?

When you enter the contract negotiation stage, your attorney will help you review a document that functions as a comprehensive roadmap for your pregnancy.

Understanding surrogacy contract basics means knowing what should be included in a surrogacy contract to protect your autonomy. Negotiating these essential contract terms involves detailing your:

By addressing specific language regarding your right to make decisions about your own body during a medical crisis early on, you reduce the chance of misunderstandings or conflict during the pregnancy. These provisions also extend to post-birth expectations, such as breast milk pumping and hospital logistics.

Legal Clearance: The Final Step Before Transfer

The legal clearance process is the checkpoint that bridges the gap between the legal and medical phases of your journey. Once you and the intended parents have agreed on all terms and signed the document, your attorney will issue a “Letter of Legal Clearance.”

This letter is sent directly to the fertility clinic to notify the medical team that a valid, enforceable contract is in place and that the intended parents have met their escrow account requirements.

Reputable clinics in Massachusetts will not begin your cycle medications or schedule an embryo transfer without this letter.

This protects you from undergoing invasive medical procedures before your compensation and legal protections are fully secured. Understanding the steps of the surrogacy process helps you see how this clearance acts as a vital safeguard for your health and time.

It ensures that you aren’t starting a medical cycle until every legal and financial protection is firmly in place.

Fair Surrogacy Compensation in Massachusetts and Payment Structure

Securing fair surrogacy compensation is about more than just a paycheck; it’s about ensuring your time, effort, and physical commitment are respected.

In Massachusetts, your contract will outline a specific payment structure options that typically begins with the confirmation of pregnancy, usually defined as the detection of a fetal heartbeat via ultrasound. To ensure you are paid on time, the contract will require the intended parents to fund an escrow account held by a neutral third party.

Commonly negotiated payments include your base fee, a monthly allowance for travel and vitamins, and a maternity clothing allowance. This setup means you never have to ask the intended parents for money directly, which preserves the personal bond you’re building with them.

Additional fees are also included for invasive procedures like a C-section or amniocentesis.

What happens if a surrogacy contract is breached?

Your contract must address what happens if a contract is breached. A breach is a failure to follow the agreed-upon terms—for example, if the intended parents stop funding the escrow account.

Breach of surrogacy contract consequences are outlined to protect you, often allowing for the suspension of your medical obligations or providing for financial damages.

To avoid expensive litigation, most contracts include a contract disputes mediation clause, requiring a meeting with a neutral mediator to resolve issues before they escalate.

Lifestyle Clauses: Travel, Diet, and Daily Life Considerations

Lifestyle clauses are included to ensure you and the baby remain healthy. These terms are negotiated to find a balance that feels comfortable for both you and the intended parents.

For instance, contracts often include travel restrictions during pregnancy clauses that limit how far you can go from your home or delivery hospital as you get closer to your due date, often starting around week 24 to 28.

You’ll also discuss exercise restrictions during surrogacy to ensure you aren’t engaging in high-impact sports that could risk the pregnancy. The contract may include diet restrictions during surrogacy, such as avoiding raw fish or unpasteurized dairy, similar to any standard pregnancy medical advice.

These lifestyle choices in surrogacy contracts are intended to be a mutual agreement on how to best support the baby’s development while respecting your daily life and routine.

Insurance Requirements for Surrogacy Journeys

Massachusetts contracts have strict insurance requirements to prevent you from facing out-of-pocket medical costs. Your attorney will verify that you have surrogate friendly insurance.

If your current health plan has an exclusion for surrogacy, the intended parents will be required to purchase a specialized “surrogacy-only” medical policy for you.

This ensures that the health insurance in surrogacy contracts covers all pregnancy-related expenses without leaving you with a surprise bill.

Beyond health insurance, the contract will also require:

These layers of protection ensure your family’s financial stability is never at risk due to your decision to become a surrogate.

Medical Decisions and Control During Pregnancy

While the intended parents have a vested interest in the pregnancy, you retain the legal right to bodily autonomy.

A major part of the negotiation involves choosing the OB doctor for surrogacy—you should have a primary say in which doctor you see and which hospital you use, as you are the patient.

The contract also outlines the medication approval process and medical records access rights, which allow the parents to stay updated on the health of the fetus.

Understanding how medical decisions are negotiated is critical when discussing sensitive topics like abortion decisions in contracts. This section covers termination for medical reasons and selective reduction agreements.

In Massachusetts, these clauses are written to reflect the shared intent of both parties while respecting the surrogate’s ultimate medical safety. These discussions ensure you and the intended parents are on the same page regarding the health and well-being of everyone involved before the pregnancy begins.

Delivery Plans and Post-Birth Expectations

The hospital experience is often the most emotional part of the journey. Your contract should be used alongside a “hospital plan” to clarify everyone’s roles.

While the contract handles the legal side, the hospital plan handles the social side.

Key items to define include delivery room presence rights and planning for labor and delivery, which ensures your preferences are heard.

Your contract will also detail recovery time compensation and lost wages for the period following the birth. If you choose to provide breast milk, the pumping agreement contract will outline your compensation and the logistics for transportation.

Setting these post-birth expectations early allows you to focus on a healthy delivery and a smooth transition once the baby is born, knowing exactly how the first few weeks of your recovery will be supported.