8.1 Understanding the Surrogacy Legal Process in the U.S.

At GSHC Surrogacy Agency, we ensure every surrogacy journey is built on clear legal guidance and protection. In the United States, the surrogacy legal process typically involves two key steps:

1. Contract Stage – A legal agreement between the surrogate and intended parents, drafted and reviewed by independent attorneys. This stage usually takes about 4 weeks and costs approximately $5,000 total, covering attorney fees for both parties.
2. Parental Rights Establishment – A court process that legally declares the intended parents as the baby’s legal parents. This step varies by state, depending on whether a pre-birth or post-birth order is required. The cost is typically another $5,000, including attorney and court filing fees.

In both steps, each party is represented by their own independent attorney to ensure informed consent and full legal protection. GSHC only works in surrogacy-friendly states with clear legal pathways to protect everyone involved.

Step 1: The Surrogacy Contract – A Binding Legal Agreement

Before any medical procedures—such as starting medications or embryo transfer—can begin, the surrogate and intended parents must sign a legally binding surrogacy contract. This document outlines legal rights, responsibilities, compensation, and expectations for both parties.

How Do Intended Parents and Surrogates Choose Their Attorneys?

Both parties are required to have independent legal representation:

• The intended parents’ attorney drafts the initial contract based on the surrogate benefit package the surrogate signed with the agency.
• The surrogate or intended parents may select any licensed attorney they trust. They can do their own research or ask the agency for a list of experienced surrogacy attorneys in their state.

Note: Attorneys involved in this process do not handle litigation. Their role is to review and finalize the contract, so it’s essential that both parties fully understand the agreement before signing. Clarity now avoids disagreement later.

What Is the Agency’s Role in the Contract Stage?

While the agency does not participate in legal negotiations, it plays a key supportive role by providing all necessary documentation for contract drafting. This includes the surrogate benefit package with full compensation structure, medical insurance details for the surrogate and documents like paystubs or tax records to help calculate lost wages or reimbursements.

If there’s any confusion or clarification needed during the negotiation process, the agency may help facilitate communication between the parties and their attorneys.

For surrogates: This contract reflects the terms you already agreed to with the agency during intake—and what the intended parents accepted before matching. We do not recommend requesting significant changes (such as compensation increases or availability revisions) at this stage, as it may jeopardize the match or delay your timeline.

Contract Review Process: What to Expect

1. Initial draft is created by the intended parents’ attorney and sent to the surrogate’s attorney.
2. The surrogate’s attorney schedules a one-on-one consultation with the surrogate to review each section of the contract, provide legal advice and ensure understanding and address any questions or concerns.
3. If edits are needed, the surrogate’s attorney submits a redlined version to the intended parents’ attorney.
4. This exchange continues until both parties agree on the final version.
5. Once finalized, the surrogate signs and notarizes the contract and then mails the original signed copy to her attorney for official record-keeping.

Important Reminders for Our Surrogates

The contract stage is a critical legal checkpoint. Please follow these best practices to protect your rights and ensure a smooth experience:

1. Read your contract thoroughly

Take your time to carefully review the draft before your consultation. Mark any sections you don’t understand—this is your opportunity to ask and clarify.

2. Attend your legal appointment on time

Be punctual and prepared. Your attorney is there to represent your best interest—your presence matters.

3. Ask questions

There are no “wrong” questions. Ask about anything you don’t fully understand. This is your contract—make sure it makes sense to you.

4. Sign, notarize, and return promptly

Once your attorney confirms the final version, you will sign and notarize the contract and mail the original signed document back to your attorney without delay.

Step 2: Parental Establishment – Legal Transfer of Parentage

Once the pregnancy is confirmed, the legal team initiates the second critical step: obtaining a court order that legally establishes the intended parents as the child’s legal parents. This ensures a smooth handoff of parental rights and protects everyone involved.

Types of Parental Orders

Depending on the state where the baby is born, this legal step may take one of two forms:

• Pre-birth order: Common in surrogacy-friendly states like California, this order is issued before delivery, and the intended parents' names go directly on the birth certificate.
• Post-birth order: In some states, this process occurs after birth, requiring coordination between the legal team, the agency, and the hospital.

Why This Step Matters

The baby’s birth certificate will list the intended parents as the legal parents. The surrogate has no parental rights or obligations—this ensures clarity and security for all parties. The child is fully and legally recognized as the intended parents’ child in both U.S. and international records (where applicable).

While the specific legal process and timelines vary by state, the ultimate goal is always the same: ensuring that the child is legally and securely placed with their intended parents.

Timely Action Is Crucial

To avoid delays and complications, we recommend:

For surrogates

Understand that this legal step must be completed before or shortly after birth, depending on your state. In pre-birth states, GSHC recommends starting the process as soon as the anatomy scan is cleared (typically around 20 weeks).

For intended parents

Begin preparing all necessary documents early, especially if you’re planning to return home internationally. This may include travel authorization, hospital discharge forms, and passport application paperwork. In post-birth states, please inform your attorney and the agency immediately after delivery so the legal process can be filed and expedited

If Married, Your Spouse Must Be Legally Involved

If the surrogate is legally married or in a registered domestic partnership, her spouse or partner must also be involved in the legal process.

Here's why this matters:

The partner’s signature is required during both the contract stage and the parental rights stage (pre-birth or post-birth order). Under U.S. surrogacy law, a legal spouse may be presumed to have parental rights unless they formally waive those rights—so their legal consent is essential. Failure to involve the partner can delay or even jeopardize the establishment of legal parentage for the intended parents

Disclosure Is Critical

We understand that some surrogate mothers may be separated but not legally divorced, married to partners who are deployed, traveling, or living abroad, or are in complicated personal circumstances.

These situations must be disclosed to the agency upfront, during intake and before legal clearance begins. That way, the legal team can prepare the appropriate documentation, ensure the partner can be reached for consultation and signing and avoid last-minute issues that could impact the parentage order or birth certificate.

At GSHC, we work proactively to identify these situations early and help find solutions—whether that means remote notarization, early coordination, or additional legal steps.

Reminder to Surrogates

If you are legally married or in a domestic partnership, your partner must be informed and agree to participate in the surrogacy process, and will need to sign legal documents at two separate stages. Please discuss these requirements with your attorney and case manager as early as possible

The Role of GSHC

GSHC works with reputable and experienced attorneys nationwide to:

• Coordinate legal representation for both parties
• Provide all documents needed to draft the contract
• Monitor deadlines for legal steps and court filings
• Guide surrogates and intended parents through each step with care and professionalism

You are in good hands—our team is here to support and protect you at every stage of the journey.