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Surrogacy Agreement Questionnaire

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SURROGACY AGREEMENT QUESTIONNAIRE

This Surrogacy Agreement Questionnaire is submitted for the purpose of collecting material facts to be incorporated into a surrogacy agreement and related legal documents. Intended Parent(s) Name: ; Intended Parent(s) Address: ; Surrogate Name: ; Surrogate Address: .

RECITALS

WHEREAS, the Intended Parent(s) desire to obtain assisted reproductive services resulting in the birth of a child and have engaged medical and legal counsel to prepare definitive contractual arrangements; and

WHEREAS, the Surrogate has expressed willingness to undergo medical procedures and to bear a child for the Intended Parent(s) in accordance with mutually agreed medical, legal, and counseling protocols; and

WHEREAS, the parties intend that the information provided in this questionnaire be relied upon by counsel and medical providers in drafting the Surrogacy Agreement and obtaining necessary medical clearances and legal orders.

NOW, THEREFORE

The parties hereby provide the following facts, acknowledgments, and authorizations for use in the preparation of a surrogacy agreement and related documents. The statements below are made under penalty of perjury to the best of the declarant's knowledge.

1. IDENTIFYING INFORMATION

2. SURROGATE MEDICAL AND OBSTETRIC HISTORY

Number of prior pregnancies: ; Number of live births: ; Number of miscarriages: ; Number of cesarean deliveries: .

Current medications (prescription and over-the-counter):

3. REPRODUCTIVE AND FERTILITY HISTORY

Has the Surrogate undergone fertility treatment (IVF, IUI, medications)? Yes No. If yes, describe:

Intended Parent(s) use of donor gametes or donor embryos: Yes No. If yes, specify donor type and known information:

4. PSYCHOLOGICAL, SOCIAL, AND LIFESTYLE INFORMATION

Does the Surrogate smoke, use recreational drugs, or consume more than moderate alcohol? Yes No. If yes, provide details:

Employment status and occupational exposures:

5. LEGAL, CRIMINAL, AND CHILD-RELATED HISTORY

Has the Surrogate or any Intended Parent been convicted of a felony or a crime involving moral turpitude? Yes No. If yes, provide jurisdiction, offense, and disposition:

Are there any pending child support, custody, or termination of parental rights proceedings involving any party? Yes No. If yes, describe:

6. INSURANCE, FINANCIAL ARRANGEMENTS, AND BENEFITS

Will the Surrogate retain any parenting rights or seek custody after birth? Yes No.

7. AUTHORIZATIONS, CONSENTS, AND BACKGROUND CHECKS

The undersigned authorizes medical providers, counselors, and legal representatives to disclose medical, psychological, and counseling records to the parties' counsel and treating providers as necessary to evaluate suitability for surrogacy. Check to authorize: .

I authorize submission to a criminal background check and child protective services records search where permitted by law: .

I understand that medical and psychological screening, insurance verification, and legal clearances are conditions precedent to the execution of any surrogacy agreement. The parties agree to cooperate in good faith to complete such screening in a timely manner.

8. COUNSELING, SUPPORT, AND POST-BIRTH ARRANGEMENTS

9. REPRESENTATIONS, WARRANTIES AND CERTIFICATIONS

Each party represents and warrants that the information supplied in this questionnaire is true, complete, and correct to the best of that party's knowledge and that any material change in health, legal status, or circumstances will be promptly disclosed in writing. Each party further acknowledges that the questionnaire will be relied upon by counsel and health care providers in drafting binding agreements and obtaining legal relief associated with parentage.

The parties understand and agree that completion of this questionnaire does not itself create any contractual parental rights or duties; those will be established only by the execution of a definitive surrogacy agreement and any necessary court orders.

10. NOTICES

All notices required or permitted hereunder shall be in writing and delivered to the addresses provided in Section 1 or to such other addresses as a party may designate in writing. Notice is effective upon personal delivery, delivery by nationally recognized overnight carrier, or three business days after deposit in the U.S. mail postage prepaid.

11. AMENDMENTS AND WAIVER

This questionnaire may be amended only by a written instrument signed by the party to be charged. No waiver of any provision will be effective unless in writing and signed by the party waiving the provision.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: The substantive law of the state or jurisdiction selected by the parties for the definitive surrogacy agreement will govern any dispute arising from reliance on this questionnaire or its contents, excluding conflict of law rules that would apply another jurisdiction's law.

Entire Agreement: This questionnaire constitutes the complete written statement of the information supplied herein and supersedes any prior written or oral statements for the purpose of drafting legal and medical documents related to the contemplated surrogacy.

Severability: If any provision of this questionnaire is determined to be invalid or unenforceable, such invalidity will not affect the remaining provisions, which will continue in full force and effect.

13. CERTIFICATION

By signing below, each party certifies under penalty of perjury that the statements in this questionnaire are true, accurate, and complete to the best of that party's knowledge. Each party authorizes counsel and medical providers to rely upon these statements in taking steps to prepare, negotiate, and finalize a binding surrogacy agreement and to obtain necessary court orders relating to parentage and custody.

Intended Parent(s) Printed Name:

By:

Date:

Surrogate Printed Name:

By:

Date:

Enter text✕

What the Surrogacy Agreement Questionnaire Is and Why It Matters

The Surrogacy Agreement Questionnaire is a structured intake form used to gather factual, legal, medical, and financial details from intended parents and a gestational carrier prior to drafting a surrogacy agreement. It collects identities, medical history, fertility clinic and provider information, compensation and expense arrangements, insurance and indemnity details, legal counsel contacts, and preferences for health care decision-making. The questionnaire provides a consistent record for counsel and medical teams, helps identify issues that affect enforceability across states, and supports downstream filings such as parentage or parental order petitions.

Why a Standardized Questionnaire Improves Accuracy and Compliance

A consistent Surrogacy Agreement Questionnaire reduces omissions, clarifies expectations, and creates a documented factual record for attorneys and clinics. It helps surface medical, insurance, and legal obstacles early, which can reduce disputes and support enforceability across jurisdictions.

Why a Standardized Questionnaire Improves Accuracy and Compliance

Who Typically Completes and Relies on This Questionnaire

Legal counsel, fertility clinics, and intended parents commonly use the questionnaire to collect standardized information before drafting a contract.

  • Fertility clinics and coordinators gather medical histories, clinic identifiers, and treatment timelines for clinical screening and scheduling.
  • Family law attorneys use questionnaire responses to draft enforceable contract language and prepare parental order filings in the appropriate jurisdiction.
  • Intended parents and gestational carriers complete personal, financial, and contact sections to document consent, compensation, and emergency decision preferences.

The completed questionnaire becomes part of the agreement file and is shared with medical providers and courts as needed for parental order proceedings.

Primary Parties Completing the Form

Intended Parents

Intended parents should provide full legal names, dates of birth, contact details, marital status, immigration or citizenship information if relevant, and the identity of retained counsel. Accurate entries support parental order petitions and any tax or immigration processes that follow the birth.

Gestational Carrier

The gestational carrier should supply medical history, prior obstetric history, insurance information, emergency contact details, and details about her primary care and obstetrical providers to ensure medical clearance and coordinate care.

Essential Sections to Include in a Professional Questionnaire

A thorough Surrogacy Agreement Questionnaire covers six core areas so attorneys and clinics can prepare a complete contract and identify state-specific issues in advance.

Party Identification

Full legal names, aliases, dates of birth, social security numbers when required, and contact information for all parties and primary counsel.

Medical Background

Detailed obstetric and reproductive history, current medications, chronic conditions, infectious disease screening, and clinic/provider names and contacts.

Compensation & Expenses

Breakdown of compensation schedule, reimbursements, caps, payment triggers, and who handles escrow or trust accounts.

Insurance & Liability

Health insurance coverages, carrier names, policy numbers, primary insured, and indemnity or subrogation provisions affecting claims.

Decision Making

Designated medical decision maker, emergency contact protocol, and procedures for prenatal interventions or complications.

Legal Consents

Confirmations of independent counsel, state governing law choice, consent to electronic records, and notarization or witness preferences.

Step-by-Step: Complete the Questionnaire in Four Stages

Follow these sequential steps to collect information, verify accuracy, obtain counsel review, and finalize signatures.

  • 01
    Gather Documents: Collect IDs, medical records, and insurance policies.
  • 02
    Complete Sections: Enter personal, medical, and compensation details accurately.
  • 03
    Review with Counsel: Have attorneys check legal and jurisdictional provisions.
  • 04
    Sign & Notarize: Execute signatures with required witnesses or notarization.

Configure the Online Workflow for the Questionnaire

Set up authentication, required fields, conditional sections, and storage rules when digitizing the questionnaire for e-signature and archiving.

Field Configuration
Authentication Method Email link plus SMS code for signer verification
Required Fields Make names, DOBs, insurance, and signatures mandatory
Conditional Sections Show insurance/clinic fields if carrier indicates coverage
Storage Location Encrypted cloud storage with audit trail enabled

Digital Submission Flow: From Upload to Signed Record

A clear online flow reduces signer friction and preserves an auditable trail for future use in court or clinical records.

  • Upload Document: Sender uploads the questionnaire PDF or DOCX.
  • Place Fields: Add signature, initials, and date fields where required.
  • Invite Signers: Send secure signing links by email or SMS.
  • Complete Audit: System records timestamps, IPs, and authentication events.

Technical Requirements and Integrations for eSubmission

Ensure the platform supports required authentication, file formats, integrations, and secure storage before routine use.

  • File Formats: PDF, DOCX supported
  • Integrations: NetSuite, Salesforce, Google Workspace
  • Security: AES-256 at rest

Common Mistakes to Avoid When Preparing the Questionnaire

  • Using nicknames or initials instead of full legal names can delay parental orders and court recognition of intended parents.
  • Leaving insurance fields incomplete or misstating the primary insured may cause claim denials or unexpected out-of-pocket costs.
  • Failing to indicate independent counsel for either party can raise enforceability issues and suggest unequal bargaining power.
  • Skipping notarization or witness steps where state rules require them can render the agreement difficult to enforce in some jurisdictions.

Key Legal and Practical Risks from Incomplete or Incorrect Answers

Invalid Names: May impede parental order
Missing Insurance: Risk of denied claims
Undisclosed Medical Issues: Potential clinic disqualification
Improper Compensation: Tax and contractual disputes
Lack of Counsel: Challenges to enforceability
Privacy Violations: HIPAA penalties possible

Typical Timing and Deadlines to Track

Surrogacy-related actions have medical, contractual, and court-related deadlines; plan ahead to allow for screenings, counsel review, and any state-specific filings.

Medical Screening Window:

Complete pre-contract medical clearances before embryo transfer or treatment begins.

Counsel Review Period:

Allow several weeks for independent counsel review and negotiation of contract terms.

Embryo Transfer Timing:

Coordinate transfers per clinic schedule once agreements and insurance are cleared.

Birth and Hospital Notices:

Notify counsel and intended parents immediately upon delivery for post-birth steps.

Post-Birth Filings:

File parental order or adoption petition as required by state law promptly after delivery.

Key Milestones from Intake to Post-Birth Legal Steps

Track these milestone stages in sequence to ensure medical readiness and legal protections are in place at each point.

01

Agreement Execution

Finalize and sign contracts before any treatment begins.

02

Medical Clearance

Obtain required screenings and provider approvals.

03

Pregnancy Confirmation

Document transfer success and prenatal plans.

04

Post-Birth Proceedings

Pursue parental order or birth certificate changes.

Selected eSignature Pricing and Feature Comparison

Compare starting price, trial availability, bulk send capability, audit trail presence, HIPAA support, and envelope limitations across providers to match your surrogacy workflow needs.

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 free trial (no CC) Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium tier) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical Examples of Questionnaire Use in Real Workflows

These brief scenarios show how questionnaires streamline contract drafting and clinical coordination in typical surrogacy matters.

Clinic Coordination

A fertility clinic used the questionnaire to centralize medical histories and clinic contacts

  • It reduced missing records by 70% during intake
  • The clinic then provided a complete, dated packet to the attorney, shortening pre-transfer clearance by several weeks.

Attorney Drafting

A family law firm collected standardized questionnaire responses before drafting the contract

  • This ensured consistent compensation and insurance language
  • As a result, the firm avoided two rounds of amendments and expedited the parental order filing.

Security and Compliance Features to Require for Electronic Questionnaires

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II and ISO 27001 available
HIPAA Support: BAA available when handling PHI
Audit Trail: Timestamps, IP addresses, and action logs
eSignature Law: ESIGN and UETA compliant
Accessibility: WCAG 2.0 Level AA conformance

Frequently Asked Questions About the Surrogacy Agreement Questionnaire

Answers to common questions about validity, witnesses, revisions, e-signing, and recordkeeping for the questionnaire.


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