Surrogacy arrangements can be written into formal Agreements between the surrogate and her partner, and the intended parents.

Some states require surrogacy arrangements to have a written agreement, whilst other States do not require it but the parties might be inclined to have one anyway.

A written agreement is not enforceable, other than where a surrogate might need to claim costs and reimbursement for expenses incurred during the surrogacy.

A written agreement can help ensure everyone is on the same page and there is less likely to be conflict or misunderstandings.

Written agreements should cover the requirements of a surrogacy arrangement, such as counselling and legal advice. They can also cover agreements about other matters, such as:

  • Pregnancy and birth care options;
  • What costs the intended parents have committed to cover;
  • How the intended parents will reimburse their surrogate for costs;
  • How the intended parents will support their surrogate and her family in times of need;
  • How the parties will communicate with each other;
  • How the parties might resolve issues and conflict as it arises.

Remember that even if an agreement is in writing, it is generally unenforceable unless it relates to reimbursing the surrogate for prescribed costs.

You can read more about written surrogacy agreements, and how they are not at all like contracts.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703