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Surrogate Information Form

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SURROGATE INFORMATION FORM

This Surrogate Information Form is made and entered into by and between Surrogate Name: and Intended Parent(s) Name(s): on this date: .

RECITALS

WHEREAS, Intended Parent(s) desire to engage Surrogate to carry and deliver a child on behalf of Intended Parent(s) pursuant to a separate Surrogacy Agreement and to obtain comprehensive information regarding Surrogate's medical, obstetric, legal and social history; and

WHEREAS, Surrogate agrees to provide accurate and complete information for the purposes of medical evaluation, legal review, insurance coordination and to assist the parties and their respective medical care providers in making informed decisions; and

WHEREAS, the parties acknowledge that certain disclosures provided herein may be relied upon by medical providers, attorneys, insurers and agencies in determining eligibility and suitability to proceed with the contemplated assisted reproductive procedures.

NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. SURROGATE IDENTIFICATION

Date of Birth:    Place of Birth:

Primary Phone:    Email:

2. PARTNER / SPOUSE INFORMATION

Relationship to Surrogate:    Contact Phone:

3. MEDICAL AND OBSTETRIC HISTORY

Number of live births:    Number of miscarriages:    Prior cesarean deliveries:

4. INFECTIOUS DISEASES, MEDICATIONS, AND SUBSTANCE USE

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

Tobacco use: Yes    Alcohol use within past 12 months: Yes    Illicit drug use within past 24 months: Yes

5. LEGAL AND SOCIAL HISTORY

Have you ever been convicted of a felony? Yes    Are there pending legal actions involving you? Yes

6. INSURANCE, EMPLOYMENT AND FINANCIAL

Health Insurance Carrier:    Policy Number:

Anticipated Base Compensation Amount:

7. AUTHORIZATIONS AND CONSENTS

By checking the boxes below, Surrogate authorizes the following actions to be taken by medical providers, intended parents' agents, and their authorized representatives:

Consent to necessary medical care and procedures related to the pregnancy and delivery as determined by treating physicians.
Consent to release medical records related to fertility treatment, prenatal care, delivery and postpartum care to Intended Parent(s) and counsel as required.
Consent to genetic, infectious disease and drug testing as reasonably requested in connection with the surrogacy process.
Consent to background checks and criminal history checks as required for eligibility.

8. REPRESENTATIONS, WARRANTIES AND COVENANTS

Surrogate represents and warrants that: (a) Surrogate is at least eighteen (18) years of age, legally competent to execute this Form and to participate in the surrogacy process; (b) all information provided in this Form is true, complete and correct to the best of Surrogate's knowledge and belief, and Surrogate has disclosed all material medical and legal facts; (c) Surrogate will promptly notify Intended Parent(s) and their counsel of any material changes to the information contained herein, including but not limited to medical conditions, substance use, or legal proceedings.

Intended Parent(s) represent and warrant that they will provide accurate information to Surrogate, will cooperate in arrangements for medical care and insurance coordination, and will not interfere with Surrogate's reasonable medical care and decision-making during the course of the pregnancy.

9. CONFIDENTIALITY

All parties agree that information disclosed in this Form and any related medical records, social histories and background checks are confidential and shall not be disclosed except as necessary for medical care, legal review, insurance purposes, or as required by law. Notwithstanding the foregoing, the parties may disclose confidential information to their attorneys, medical providers and other advisors who have a need to know and are bound to confidentiality.

10. NOTICES

All notices required or permitted under this Form shall be in writing and delivered to the addresses set forth below:

11. AMENDMENT; WAIVER; COUNTERPARTS

This Form may be amended only by a written instrument executed by all parties. No waiver of any provision of this Form shall be effective unless in writing and signed by the party waiving compliance. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Form shall be governed by and construed in accordance with the substantive laws of the state specified in the Surrogacy Agreement executed by the parties or, if no state is specified therein, by the laws of the state in which the principal medical treatment is to occur.

Entire Agreement: This Form, together with any attachments and the controlling Surrogacy Agreement between the parties, constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior discussions and agreements.

Severability: If any provision of this Form is held invalid or unenforceable, the remainder of this Form shall remain in full force and effect and such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the parties' original intent.

13. CERTIFICATION

By signing below, Surrogate certifies under penalty of perjury that the information provided in this Surrogate Information Form is true, complete and correct to the best of Surrogate's knowledge, and acknowledges that intentional material misrepresentation may constitute grounds for disqualification from participation in the surrogacy process and may subject Surrogate to legal consequences.

Surrogate:

By:

Date:

Intended Parent(s):

By:

Date:

Enter text✕

What the Surrogate Information Form Is and When It’s Used

A Surrogate Information Form documents the individual authorized to act for a patient or principal when they cannot speak for themselves. Typically used in clinical settings and care transitions, it records the surrogate's identity, scope of authority, contact details, activation criteria, and any HIPAA or medical information release permissions. The form can also define limits on decision-making, specify effective and expiration dates, and include signature and witness or notary blocks where required by state law.

Why a Clear Surrogate Information Form Matters

A precise Surrogate Information Form reduces delays in care, documents consent and information-release authority, and helps avoid disputes. It supports continuity of treatment, aligns with HIPAA privacy rules for protected health information, and clarifies when and how a surrogate may exercise decision-making powers.

Why a Clear Surrogate Information Form Matters

Primary users and parties who rely on the form

The form is completed and referenced by several stakeholders across healthcare and legal workflows.

  • Patients or their legal guardians who designate a decision-maker for medical or information-release purposes.
  • Healthcare providers and hospital staff who need written authority to discuss protected health information or act in urgent care.
  • Attorneys, case managers, and long-term care administrators who ensure legal and administrative compliance.

Copies should be placed in the medical record, provided to the surrogate, and retained by any counsel or facility involved.

Essential components found in a professional Surrogate Information Form

A complete form combines identity, scope, activation triggers, privacy releases, duration, and verification to create a legally useful record.

Surrogate Identity

Full legal name, relationship to the principal, date of birth, and primary contact information for immediate verification and communication with clinical staff.

Scope of Authority

Clear, itemized description of decisions the surrogate may make (medical treatment, medication, admission/discharge, data release), and any explicit exclusions or limitations.

Activation Criteria

Conditions under which surrogate authority begins (e.g., incapacity determination, unconsciousness) and who must certify activation (physician, attending clinician, or consensus).

HIPAA Release

Specific authorization for release of protected health information to the surrogate as required under HIPAA, including purpose and data categories covered.

Effective Period

Effective date, expiration or review date, and instructions for automatic renewal or termination upon recovery, death, or revocation.

Verification

Signature block, printed name, date, and any witness or notary acknowledgment required by state law to enhance enforceability and reduce later disputes.

Step-by-step: completing and validating the form

Follow a consistent sequence to ensure completeness and legal soundness before distribution.

  • 01
    1. Gather ID: Collect government IDs and contact information for principal and surrogate.
  • 02
    2. Define Authority: Specify which decisions the surrogate may make, in plain language.
  • 03
    3. Sign and Date: Principal and surrogate sign; include witness or notary if required.
  • 04
    4. Distribute Copies: Place a copy in the medical record and give copies to surrogate and legal counsel.

Configuring an online Surrogate Information Form workflow

Set up fields, authentication, and retention rules to match your clinical and legal requirements before sending the form to signers.

Field Configuration
Authentication Email plus SMS one-time passcode for signer verification
Conditional Fields Show limited-authority options only when 'partial' authority selected
Audit Trail Enable timestamps, IP logging, and signer events for compliance
Retention Exportable PDF/A and secure cloud storage with role-based access

Technical considerations for electronic completion and submission

Ensure the signing platform supports secure authentication, audit trails, and formats compatible with medical records systems.

  • Integrations: EMR and cloud storage connectors
  • File Formats: PDF/A, DOCX support
  • Authentication: Email, SMS OTP, optional KBA

Use a platform that provides encryption in transit and at rest, detailed audit trails, and optional HIPAA Business Associate Agreement to meet privacy obligations when handling protected health information.

Where to file, send, and retain completed forms

After execution, route the form to the appropriate records and legal custodians to ensure accessibility and compliance.

  • Medical Record: Upload the signed form into the patient's EMR chart
  • Surrogate Copy: Provide the surrogate a PDF copy for reference
  • Legal Counsel: Send a copy to the patient's attorney if applicable
  • Facility Records: Retain an institutional copy per record retention policy

Timelines and review expectations for the form

Observe timing best practices to keep the surrogate designation current and legally effective.

Immediate Use:

Form takes effect on the effective date or upon certified incapacity

Admission Scenario:

Complete or validate form at hospital admission or care transitions

Annual Review:

Review and confirm details at least once per year or after major changes

Post-Recovery:

Automatically suspend surrogate authority once the principal regains decisional capacity

Revocation Timing:

Revocation should be documented and distributed immediately to all custodians

Common mistakes to avoid when preparing the form

  • Using informal or unclear language for authority scope — ambiguous terms cause disputes and delay clinical decisions.
  • Failing to verify identity — unsigned or unverifiable forms may be rejected by providers during emergencies.
  • Omitting contact details or alternate surrogate — providers need multiple contact methods for timely decisions.
  • Not updating after major life events — changes in relationship, address, or legal status can render the form inaccurate.

Consequences and practical risks of an incorrect form

Unenforceable Authorization: May be rejected
Care Delays: Decision-making postponed
Privacy Violations: HIPAA exposure risk
Legal Disputes: Family contests possible
Financial Exposure: Billing or consent errors
Regulatory Noncompliance: Recordkeeping violations

Security and compliance controls to include with the form

HIPAA BAA: Required when PHI shared
Encryption: TLS 1.2/1.3; AES-256 at rest
Audit Trail: Timestamps and signer events
Access Controls: Role-based permissions
Authentication: Email, SMS OTP, optional KBA
Retention Export: PDF/A exportable copy

Selected eSignature vendor comparison for executing Surrogate Information Forms

Comparing core pricing and capabilities can help determine which eSignature solution aligns with security, compliance, and volume requirements.

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 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

Real-world context and provider experience

Organizations across healthcare and services use electronic forms to collect surrogate authorizations and maintain compliance with audit trails.

Clinic Efficiency

Healthcare clinics adopted e-forms to reduce admission delays and centralize records.

  • Signer authentication reduced follow-up calls.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Enterprise Integration

Large service providers integrated eSignature into case workflows to streamline legal review and storage.

  • API connections automated record insertion.
  • "The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company."

Practical tips for accurate and efficient completion

Follow these best practices to reduce risk and ensure the form is usable when decisions must be made quickly.

Use Plain Language
Write the surrogate scope in clear, unambiguous terms. Avoid legalese that may conflict with clinical interpretations; include specific actions the surrogate may perform and any explicit exclusions to prevent misapplication.
Verify Identities
Confirm government-issued identification for principal and surrogate at signing. For remote signings, use multi-factor authentication or knowledge-based checks to reduce fraud and ensure the signature is attributable to the right person.
Preserve Audit Trails
Use an eSignature solution that captures timestamps, IP addresses, and signer events. Maintain an unalterable audit trail and export signed PDFs in archive-friendly formats such as PDF/A for long-term retention.
Schedule Regular Reviews
Build a periodic review cadence (for example, annually) to confirm surrogate details remain accurate. Prompt updates after major life events reduce the chance of disputes and keep records aligned with current legal status.

Frequently asked questions about Surrogate Information Forms

Answers to common questions about validity, signatures, revocation, storage, and witness requirements.


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