Writing a surrogacy contract is a complicated piece of Contract, and only experienced Advocate should attempt such a task. Your Advocate needs your input, however, in drafting an Contract that reflects your wishes. Following is a checklist of items to help you think about what terms you want to include in your surrogacy Contract, whether you are the surrogate or the couple using the services of a surrogate. It is important to note that the couple and the surrogate need separate and independent counsel to ensure that their best interests are protected, and to avoid a potential conflict of interest.

# Date of the Contract
# Names of the parties, including both prospective parents (hereinafter called father and mother) and the surrogate
# Statement that all parties are over the age of eighteen
# Statement that the mother is unable to sustain a pregnancy
# Contract by the surrogate to submit to requested physical and psychological exams
# Details of the surrogate's health insurance coverage, and her Contract to keep existing coverage in full force and effect
# Contract of the father, mother, and surrogate to the assisted reproductive technology procedures involved and placement of fertilized embryo(s) in the uterus of the surrogate
# Contract as to the maximum number of attempts to achieve a pregnancy
# Contract that the surrogate will not engage in intercourse during the attempts to achieve a pregnancy
# Contract that the surrogate will not terminate the pregnancy unless her own life is at risk
# Contract by the surrogate to refrain from smoking, drinking, and using illicit drugs during the pregnancy
# Contract that the surrogate will obtain regular prenatal medical care, with/without the father/mother in attendance
# Contract that surrogate will submit to any medical testing requested by the father and mother
# Contract regarding the diet of the surrogate during the pregnancy
# Contract regarding any restrictions on activities of the surrogate during the pregnancy
# Contract that the father and mother will/will not be present for the birth of the child
# Contract that the surrogate and her husband, if any, will have no claim to physical or legal custody of the child born as a result of the surrogacy
# Contract by the surrogate to the termination of her parental rights upon the birth of the child
# Contract that it is in the child's best interests that s/he be raised by the father and mother
# Contract that custody of the child will be relinquished to the father and mother as soon as possible after birth
# Contract regarding the financial terms of the arrangement (including reimbursement or payment for uninsured pregnancy-related medical expenses, payment for psychological counseling, payment for maternity wear, payment for lodging and other living expenses if the surrogate relocates to be near the mother and father, payment of travel expenses, etc.)
# Contract as to compensation should the pregnancy not proceed to term
# Confidentiality Contract
# Governing law
# Statement that the contract constitutes entire Contract
# Severability clause
# Signatures