What Can Surrogacy Contracts Say About Lifestyle Choices?

What Lifestyle Restrictions Can Be Included in a Surrogacy Contract?

A surrogacy contract is more than just a list of legal requirements; it is a collaborative plan that sets expectations for the relationship between you and the intended parents. These agreements commonly include lifestyle clauses to ensure that everyone is on the same page regarding health and safety standards.

While you maintain the right to make decisions about your body, these clauses provide a framework that minimizes risk and builds trust during the pregnancy.

Most lifestyle provisions are designed to mirror the standard medical advice given to any pregnant woman. However, because you are carrying a child for someone else, the contract formalizes these health choices to provide the intended parents with peace of mind.

These requirements are typically discussed during the matching process to ensure your daily habits align with the intended parents’ comfort levels.

Here are some commonly included lifestyle provisions:

Travel Restrictions Pregnancy as a Surrogate

Knowing the specific travel restrictions during pregnancy as a surrogate requires is critical because it ensures you remain near your chosen medical providers and delivery hospital when it counts most.

Intended parents often request these clauses to avoid the risk of a surrogate giving birth in a state where their parental rights might not be easily recognized. Most contracts will specify a travel radius—often 100 miles—within which you should remain as you approach your due date.

These travel restrictions during pregnancy generally become more defined as you enter the third trimester. For example, many agreements strictly limit travel after 30 weeks of gestation.

This is not just a legal precaution; it is a safety measure to ensure you have access to your primary OB/GYN and a Level III NICU if an emergency arises.

Additionally, contracts almost universally prohibit international travel while pregnant once the embryo transfer has occurred to avoid the massive legal and medical complications that can arise if a birth occurs outside of the United States.

Furthermore, many contracts include cruise travel restrictions due to the limited medical facilities on ships and the potential distance from a neonatal intensive care unit. Because of these safety concerns, most intended parents and agencies will ask that you avoid cruises entirely once the pregnancy is confirmed.

 Adhering to these cruise travel restrictions and travel after 30 weeks limits helps maintain the legal integrity of the parentage process.

State-By-State Travel Limits for Surrogates

Contracts often include specific state travel limitations because surrogacy laws vary significantly across the country.

Some states have “surrogacy friendly” laws that make the parentage process smooth, while others have outdated rules that could complicate the intended parents’ ability to be named on the birth certificate.

If you were to give birth in a state with strict state travel limitations, the intended parents might face an expensive legal battle to secure their parental rights.

To protect the legal intent of the journey, your contract may specify which states are off-limits. You may be encouraged to prioritize surrogacy friendly states travel to ensure that, in the event of an unexpected delivery, the legal process remains manageable.

Some contracts explicitly list states like Nebraska as places to avoid after a certain gestational week due to their specific legal hurdles.

 Your surrogacy attorney will help you understand these state travel limitations so you feel informed about the risks of certain destinations. Maintaining a focus on surrogacy friendly state travel protects everyone involved in the agreement.

Exercise and Physical Activity Clauses in Surrogacy Agreements

Standard exercise restrictions during surrogacy are generally designed to follow the medical advice of your OB/GYN to ensure a safe pregnancy. While staying active is almost always encouraged for your physical and mental well-being, certain high-impact or dangerous activities may be restricted to protect both you and the baby.

The goal of exercise restrictions during surrogacy is to maintain a healthy lifestyle without introducing unnecessary physical strain or risk of injury.

Common activity-related clauses might involve:

By following these exercise restrictions during surrogacy and obtaining physical activity approval, you demonstrate your commitment to a healthy pregnancy.

Whether you are working out while pregnant as a surrogate or utilizing a gym membership during pregnancy, keeping your medical team informed is the best way to stay safe.

Diet and Supplement Expectations for Surrogates

The diet restrictions during surrogacy are meant to ensure you are receiving the proper nutrients while avoiding substances that could be harmful to fetal development. These diet restrictionsare usually grounded in standard prenatal health recommendations.

Because the intended parents are often providing a monthly stipend, they have a vested interest in ensuring those funds support a healthy environment for their future child.

Expectations often include fish consumption limits to avoid high mercury levels, usually based on current FDA guidelines. You may also be asked to avoid raw or undercooked foods—such as unpasteurized cheeses or raw sprouts—which carry a higher risk of salmonella or listeria.

Following these fish consumption limits and other diet restrictions during surrogacy is a standard part of most agreements. Furthermore, the use of unauthorized herbal supplements or “cleanses” is typically prohibited.

Always check with your medical team before adding any new supplement to your routine to ensure it aligns with your medical clearance and the diet restrictions during surrogacy in your GCA.

Smoking, Nicotine, and Substance Use: What’s in the Contract?

There is a strict zero-tolerance policy for nicotine use during surrogacy, vaping, and illegal substances in surrogacy agreements. Because these substances can have a serious impact on a developing fetus, a smoking breach of contract is considered a substantial breach.

This can lead to the immediate termination of the agreement and significant financial penalties, as it directly endangers the health of the baby.

Contractual prohibitions usually extend to:

• Nicotine and Vaping: All forms of nicotine use during surrogacy, including patches, gums, and e-cigarettes, are strictly prohibited throughout the journey.
• Marijuana and CBD: Even in states where marijuana is legal, its use is typically barred during the contract term due to the lack of research on its effects on fetal brain development.
• Second-hand Smoke: Many surrogates must also promise to maintain a smoke-free environment to avoid a smoking breach of contract.

Avoiding nicotine use during surrogacy is a non-negotiable part of the process. A smoking breach of contract is one of the most serious violations a surrogate can commit, often resulting in a substantial breach that ends the partnership immediately.

Sex During Pregnancy: What the Contract Might Say

Clauses regarding sex during pregnancy for surrogacy are primarily focused on the window of time surrounding the embryo transfer. The goal is to prevent a “natural” pregnancy that would create a legal nightmare and to ensure the uterine environment is optimal for the intended parents’ embryo to implant successfully.

Commonly, you will be asked to abstain from sexual intercourse for a specific period before and after the embryo transfer.

You may be required to continue this sex during pregnancy for surrogacy restriction until a fetal heartbeat is confirmed via ultrasound. Once your fertility doctor provides medical clearance, these sex during pregnancy for surrogacy limitations are usually lifted, and you can resume your normal life with your partner.

Understanding the “why” behind sex during surrogacy helps surrogates feel more comfortable with these temporary boundaries.

Can You Work or Maintain Your Career as a Surrogate?

In the vast majority of cases, you can absolutely continue your career while serving as a surrogate. Most surrogates find that they can work right up until their delivery date.

However, if your job involves hazardous conditions—such as exposure to radiation or heavy physical labor—your contract may include provisions for when you should transition to lighter duties or stop working altogether.

If a doctor prescribes bed rest, the contract will outline how your lost wages will be reimbursed. This ensures that you are not financially penalized for following medical advice. Protecting your income through lost wages coverage is a standard part of a professional GCA.