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

In Vermont, your surrogacy contract is the most important document you will sign. It serves as the comprehensive roadmap for your entire journey, securing your financial compensation and defining your medical rights.

While Vermont has a supportive legal framework, your contract is the essential tool used to verify that everyone is on the same page before any medical procedures begin.

If you are ready to work with a specialist who will ensure your contract is legally protected, contact us online 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 Vermont, this document must be signed by all parties before any medical procedures occur, other than initial screening.

The contract generally covers several key areas:

• Intent and Parentage: This section confirms you are carrying the child for the intended parents and do not intend to be the legal parent. This declaration is required by the Vermont Parentage Act to sever your legal duties to the child upon birth.
• Financial Terms: Your contract provides a detailed breakdown of compensation. This includes your base pay, monthly expense allowances, and specific reimbursements for maternity needs. It also establishes escrow account requirements to ensure money is available when needed.
• Medical Expectations: This chapter outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for the costs of the pregnancy or medical complications. It shifts the financial risk of medical bills entirely to the intended parents.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract sets boundaries regarding travel, diet, and high-risk activities.

Are Surrogacy Contracts Enforceable in Vermont?

Yes. The Vermont Parentage Act (15C V.S.A. § 801) explicitly states that gestational surrogacy agreements are valid and enforceable.

For the contract to be valid, it must meet specific statutory requirements:

• You must be at least 21 years old and have previously given birth to at least one child.
• You and the intended parents must have independent legal counsel.
• The agreement must be executed before any medical procedure to impregnate the surrogate.

By following these rules, the intended parents can obtain a birth order establishing their parentage before the baby is born.

You can view the official statute here: 15C V.S.A. § 802.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs when either you or the intended parents fail to meet a significant obligation listed in the signed agreement.

Under Vermont law, the remedies for breach are distinct:

• Financial Breach: If the intended parents fail to pay agreed-upon compensation, the court can enforce the payment terms.
• Specific Performance: The court can order the intended parents to take custody of the child and pay for their care, regardless of any breach.
• No Forced Performance: Crucially, 15C V.S.A. § 809 states that a court cannot order specific performance that requires a surrogate to be impregnated, terminate a pregnancy, or undergo a medical procedure against her will.

Understanding Surrogate Compensation in Vermont

Vermont law allows for compensation regarding the surrogacy arrangement. Your contract will explicitly state the total compensation package and the timeline for every payment.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy, typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: You will receive payments to cover incidental costs. This includes a medication start fee when you begin injections and a monthly allowance for minor expenses like vitamins and mileage.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance or fees for invasive procedures like amniocentesis.

To guarantee these payments are secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment.

Medical Rights in a Surrogacy Contract

Vermont offers some of the strongest protections for surrogates in the nation. Your contract cannot waive your right to make decisions regarding your own health.

Key medical provisions typically include:

• Health Care Decisions: The contract will confirm that you retain the sole authority to make decisions regarding your medical care and the pregnancy.
• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view medical records.

Pregnancy Termination & Reduction Clauses

Termination clauses in Vermont are unique because the state has codified the “Reproductive Liberty Amendment” into its constitution and statutes.

• Statutory Protection: 15C V.S.A. § 808 explicitly states that a surrogacy agreement cannot limit the right of the surrogate to make decisions to safeguard her health or the health of the fetus. This includes the decision to terminate or not terminate the pregnancy.
• Unenforceable Penalties: Any clause in a contract that attempts to penalize a surrogate (financially or otherwise) for exercising her medical decision-making rights regarding termination is considered void and unenforceable by Vermont courts.

You can view the statute protecting these rights here: 15C V.S.A. § 808.

Lifestyle and Travel Restrictions

To protect the investment of the intended parents and the health of the baby, your contract will place reasonable limitations on your lifestyle.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely 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 where the Vermont Parentage Act does not apply.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

The contract specifies the hospital where you intend to deliver and states that the intended parents are permitted to be in the delivery room, provided hospital policy allows it. Because the agreement is fully enforceable, the intended parents are recognized as the legal parents immediately. The contract confirms their authority to make all medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a weekly compensation rate for this service and requires the intended parents to cover supplies and shipping.

Insurance Requirements in a Vermont Surrogacy Contract

Your financial security is a top priority. Your contract will require a thorough review of your health insurance policy to determine if it can be used for a surrogacy pregnancy.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogate-friendly insurance policy for you. The contract will also require the intended parents to purchase a life insurance policy for you, typically with a benefit of $250,000 or more to protect your family’s financial future.

How Surrogacy Contracts Differ: Agency vs. Independent

Choosing between an agency-assisted journey and an independent surrogacy journey significantly impacts your contract experience.

In an independent journey, you are responsible for ensuring your contract adheres to the specific requirements of the Vermont Parentage Act. If the contract fails to meet statutory standards (such as the requirement for independent legal counsel), the parentage order could be delayed or denied.

Working with an agency provides comprehensive support:

• Screening: We protect you by pre-screening intended parents to ensure they are financially capable.
• Legal Coordination: We manage the legal clearance process, connecting you with experienced Vermont attorneys who understand the state’s progressive laws.
• Mediation: If a disagreement arises, your agency specialist acts as a mediator to resolve the issue professionally.

Understanding the Contract Is Just the Beginning—We’ll Help You Navigate What’s Next in Vermont

Your surrogacy contract is the foundation of a successful process, providing you with the clarity and security you need to focus on the gift you are creating. It protects your finances, respects your body, and ensures that you and the intended parents are united in your goals.

We are here to handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey where your rights are protected every step of the way, contact us online to speak with a specialist today.