Is an e-signature legally binding?

Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA statutes, electronic signatures satisfy signature requirements where parties consent and intent to sign is demonstrated. Exceptions apply for certain testamentary documents and some court filings; verify applicable state rules for parentage orders.

Do I need a notary or witnesses?

Notarization and witness requirements vary by state and by court jurisdiction. Many courts accept notarized agreements or require a post-birth parentage proceeding. Remote online notarization may be permitted where state law allows; confirm with the state notary commission and local family court.

Can medical information be shared electronically?

Yes, but protected health information requires HIPAA safeguards when handled by covered entities. Use a platform that supports HIPAA compliance and sign a Business Associate Agreement if the eSignature vendor will access or store PHI; document access controls and audit trails.

How long should I keep the agreement?

Retain the executed agreement for the active term and beyond: at minimum keep financial and parentage-related records for three years per IRS guidance (IRC §6501(a)); keep medical records six years where HIPAA applies (45 CFR §164.530(j)). Verify state-specific extensions.

What if a party wants to revoke?

A revocation or cancellation provision should be in the agreement. If not, unilateral revocation may be limited once medical procedures begin or parentage steps occur. Parties should consult counsel to execute mutually agreed termination and document withdrawal or amendment.

What are common drafting pitfalls?

Overly vague payment language, inconsistent names or dates, missing medical consent, and failure to specify governing law commonly cause disputes. Address tax reporting, insurance responsibility, and dispute resolution clearly; have each party obtain independent counsel before signing.

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Surrogacy Agreement

Surrogacy Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Surrogacy Agreement Is and What It Covers

A Surrogacy Agreement is a legally binding contract between intended parent(s) and a gestational carrier that sets out medical, financial, and parental arrangements for assisted reproduction. It defines responsibilities before conception, during pregnancy, and after birth, including medical decision-making, compensation, insurance, confidentiality, and disposition of embryos or gametes. The document also addresses legal steps for establishing parentage and may include provisions for counsel, background checks, and termination of the arrangement. Parties typically execute this agreement with legal and medical counsel to reduce later disputes.

Why a Clear Surrogacy Agreement Matters

A clear Surrogacy Agreement allocates legal rights, documents financial arrangements, and records informed consent to reduce disputes. It helps courts and agencies determine parentage and supports medical providers and insurers by clarifying responsibilities and expectations across the pregnancy and post-birth period.

Who Typically Uses a Surrogacy Agreement

Common users include intended parents, surrogates, fertility clinics, and attorneys who coordinate reproductive arrangements and counselors.

Intended parents — negotiate terms, select carrier, agree on parental rights and payment schedule.
Gestational surrogate — documents medical obligations, travel, compensation, and consent to procedures.
Clinic and attorneys — coordinate medical screening, legal counsel, and post-birth parentage filings.

Primary Parties and Their Roles

Intended Parent(s)

Individuals or couples seeking to become the legal parents. They arrange medical care, agree compensation and insurance terms, and must often complete home studies, background checks, or court petitions to secure parentage under state law.

Gestational Carrier

A woman who agrees to carry a pregnancy for intended parent(s). The agreement documents her medical screening, compensation, decision-making limits, and consent to relinquish parental rights; it also addresses medical privacy, life insurance, and post-birth transition procedures.

Core Elements to Include in the Agreement

Critical Surrogacy Agreement elements allocate medical decision authority, outline compensation, define parental rights, and set dispute resolution and confidentiality terms for the reproductive arrangement.

Parties

Identify all parties by full legal name, address, and relationship to the arrangement; include counsel names and contact information to support service and future legal steps.

Medical Plan

Describe fertility procedures, embryo origin, required screenings, risks disclosure, and contingency plans for medical complications or pregnancy loss; specify responsible providers and emergency protocol and insurance.

Compensation

State payment amounts, schedule, reimbursable expenses, tax treatment, and conditions for withholding or adjustment; define escrow or trust arrangements if used and dispute resolution for payment disagreements.

Parental Rights

Specify intended parentage pathway, pre-birth or post-birth orders, surrogacy consent to parentage transfer, and any required court filings or adoption steps under state law procedures.

Insurance

Clarify health insurance responsibility, maternity coverage, life and disability insurance for carrier, and procedures for claim approvals and cost allocation, including prior authorizations and insurer contact details.

Dispute Resolution

Set governing law, mediation or arbitration requirements, attorney fee allocation, and remedies for breach, including injunctive relief or liquidated damages if appropriate and procedures for amendment.

Step-by-Step: Completing and Executing the Agreement

Follow these steps to complete and execute a Surrogacy Agreement with clarity and legal protectiveness from drafting to post-birth filings.

01

Draft Terms: Agree on scope, compensation, and medical plan.
02

Legal Review: Each party obtains independent counsel and negotiates protections.
03

Medical Clearance: Carrier completes screening and provider consents.
04

Execute & File: Sign, notarize if required, and prepare parentage filings.

How to Set Up an Online Workflow for the Agreement

Configure an online workflow to collect signatures, attach medical releases, and route documents for review and court filings.

Field	Configuration
Signer Order	Intended parents → surrogate → attorney; set sequential routing.
Authentication	Email + SMS code or ID verification for stronger attribution.
Attachments	Attach medical records, insurance cards, and consent forms.
Storage	Secure, encrypted storage with retention rules.

Platform Requirements for Secure eSigning and Records

Use an eSignature platform that supports secure storage, audit trails, and optional notarization for remote witness needs.

Integrations: Works with EHR, CRM, and cloud storage.
File Formats: Supports PDF, DOCX, and HTML.
Authentication: SMS, email, and KBA options.

Typical Document Routing and Tracking Flow

Typical routing sends the draft to parties, collects authentication, secures signatures, and generates a certificate of completion for records or court use.

Upload Document: Start with a finalized draft in PDF or DOCX.
Place Fields: Add signature, initial, and date fields.
Set Recipients: Enter emails and signer order.
Send & Track: Monitor status and download signed copies.

Required Information and Supporting Data

Full Names: Full legal names for all parties.

Contact Info: Complete mailing address and phone.

Medical Records: Attach screening results and provider reports.

Insurance Details: Policy numbers and insurer contact.

Legal Counsel: Names and contact for attorneys.

Dates and Signatures: Signed dates, notarization and witness entries.

Key Risks and Consequences to Consider

Enforceability: Contract may be unenforceable.

Parental Disputes: Court may adjudicate parentage.

Financial Liability: Unexpected claims for costs.

Medical Consent: Procedure consent disputes possible.

Insurance Gaps: Coverage denials for carrier.

Tax Issues: Compensation may trigger reporting.

Common Mistakes to Avoid When Preparing the Agreement

Using nicknames, omitting suffixes, or inconsistent dates causes identity mismatches, delays in court filings, and possible invalidation of parentage orders.
Stating compensation as 'reasonable' or 'as agreed' without schedule invites disputes and complicates tax reporting or enforcement.
Failing to include explicit informed-consent language, emergency decision protocol, and provider names creates exposure during complications.
Using a template without tailoring to state parentage or surrogacy statutes can render parts of the agreement unenforceable in court.

Timing Considerations and Typical Deadlines

Key timing considerations cover effective date, medical clearances, embryo transfer windows, birth, and subsequent parentage filings varying by state.

Effective Date:

Date when duties and rights begin.

Medical Clearance Deadline:

Complete screenings before any transfer or implantation.

Embryo Transfer Window:

Schedule aligned with clinic and carrier availability.

Birth and Hospital Procedures:

Notify hospital and confirm consent and documentation.

Parentage Filing Timeline:

File parentage or adoption petition per state requirements soon after birth.

Comparison: signNow and Other eSignature Vendors for Surrogacy Workflows

eSignature platform pricing and capabilities differ; the table compares common plan starting prices and key features for Surrogacy Agreement workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

How Organizations Use Digital Agreements for Surrogacy Workflows

Real-world uses highlight legal and operational gains when clinics and attorneys streamline surrogacy paperwork electronically.

Fertility Centers of Illinois

Fertility Centers of Illinois used e-signatures to collect informed consents and execute carrier agreements across multiple clinics, reducing administrative delays in treatment scheduling.

Signatures completed remotely, with audit trail.
Clinic leadership reported faster turnaround times for consents and fewer missing or inconsistent records during pre-transfer screening; having a secure digital trail simplified coordination with providers and courts for parentage steps.

Clinic Integration

A regional clinic implemented an electronic process to route agreements, waivers, and insurance confirmations to attorneys and intended parents before treatment.

Integrated with EHR and case management.
The clinic noted measurable reductions in scheduling delays and administrative overhead, and attorneys valued the consistent format for court petitions and parentage hearings; secure retention also aided audits and compliance reviews.

Frequently Asked Questions About Surrogacy Agreements and eSignatures

Answers to common questions on signing, notarization, and enforcing Surrogacy Agreements, including eSignature legality and record-retention guidance.

Need help? Contact support

Is an e-signature legally binding?
Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA statutes, electronic signatures satisfy signature requirements where parties consent and intent to sign is demonstrated. Exceptions apply for certain testamentary documents and some court filings; verify applicable state rules for parentage orders.
Do I need a notary or witnesses?
Notarization and witness requirements vary by state and by court jurisdiction. Many courts accept notarized agreements or require a post-birth parentage proceeding. Remote online notarization may be permitted where state law allows; confirm with the state notary commission and local family court.
Can medical information be shared electronically?
Yes, but protected health information requires HIPAA safeguards when handled by covered entities. Use a platform that supports HIPAA compliance and sign a Business Associate Agreement if the eSignature vendor will access or store PHI; document access controls and audit trails.
How long should I keep the agreement?
Retain the executed agreement for the active term and beyond: at minimum keep financial and parentage-related records for three years per IRS guidance (IRC §6501(a)); keep medical records six years where HIPAA applies (45 CFR §164.530(j)). Verify state-specific extensions.
What if a party wants to revoke?
A revocation or cancellation provision should be in the agreement. If not, unilateral revocation may be limited once medical procedures begin or parentage steps occur. Parties should consult counsel to execute mutually agreed termination and document withdrawal or amendment.
What are common drafting pitfalls?
Overly vague payment language, inconsistent names or dates, missing medical consent, and failure to specify governing law commonly cause disputes. Address tax reporting, insurance responsibility, and dispute resolution clearly; have each party obtain independent counsel before signing.

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