Surrogacy Legal Checklist – What to Know Before You Start

Legal preparation is the most neglected step in surrogacy. But it’s the cornerstone of every successful and safe journey.

At Surrogacy4All, each program begins with this Legal Readiness Checklist — to safeguard parents, surrogates, and babies alike.

Surrogacy Legal Checklist

Step 1 – Verify State or Provincial Legality

Prior to matching, ensure your intended location permits surrogacy.

Surrogacy4All offers a current legal chart for all U.S. states and Canadian provinces.

Step 2 – Independent Legal Representation

Both the intended parents and the surrogate must have their own legal counsel.

We have a list of skilled reproductive law attorneys in every jurisdiction.

Step 3 – Drafting the Contract

Your surrogacy agreement should address:

• Medical procedures and responsibilities
• Compensation/reimbursements
• Confidentiality and privacy clauses
• Contingencies (e.g., C-section, multiple embryos)
• Birth plan and parentage

All contracts are reviewed by physicians to guarantee medical correctness.

Step 4 – Insurance & Escrow Setup

Escrow accounts guarantee that all payments related to the surrogate are dealt with openly.

Our escrow partner, American Reproductive Trust, provides monthly statements to each party.

Step 5 – Parentage Order Preparation

Pre-birth or post-birth filings facilitate hospital release and issuance of birth certificates.

Our attorneys work with local courts and hospitals to have these completed prior to delivery.

Step 6 – Post-Birth Documentation

Parents receive:

• Final birth certificate
• Citizenship documentation
• Court verification of parental status

No baby leaves the hospital until all paperwork is legally verified.

Case Example

“Our baby’s birth certificate listed us straight away. The legal team took care of everything while we got to enjoy our new family.”

— Mina & George, Boston

Ready to begin your journey with full legal protection?

Read our Surrogacy Legal Checklist or schedule a consultation at

Call us : 1-212-661-7177 | Mail : info@surrogacy4all.com