Welcome back to our ongoing Surrogacy 101 series, where we guide potential surrogates and intended parents through each exciting phase of the surrogacy journey. In this installment, we’ll walk through one of the most important milestones in the process: the legal phase. While the word “legal” might sound intimidating, rest assured that with the support of Simple Surrogacy and experienced professionals advocating for your best interests, this stage is smooth, stress-free, and straightforward.
Surrogates often worry that the legal process will be complicated or overwhelming. But with the unique structure of the Simple Surrogacy program, especially our Legal Included Surrogacy Program available for Texas surrogates or Texas-based intended parents, we’ve streamlined this step to protect everyone involved while minimizing hassle and maximizing peace of mind.
Let’s explore how this process unfolds—and why it’s another empowering, exciting chapter in your journey as a surrogate.
At its core, the legal contract is about ensuring transparency, fairness, and protection for both the surrogate and the intended parents. This document outlines everyone’s responsibilities, expectations, and rights. It ensures that you, as the surrogate, are protected—both physically and financially—and that everyone involved is on the same page well before the medical process or embryo transfer begins.
While it is an essential and official part of the process, the legal phase is designed to be as easy and clear as possible—especially when you’re working with an experienced, surrogate-friendly agency like Simple Surrogacy.
One of the reasons the legal phase is so smooth for surrogates working with us is because of the Match Sheet. This document is completed earlier in the journey, during the matching phase. It captures all the surrogate’s preferences, expectations, and compensation details—in writing and agreed to upfront. This eliminates guesswork and sets the tone for a respectful and harmonious collaboration.
Because your compensation, benefits, medical preferences, contact frequency, and even details like whether you’re open to carrying for a single parent or same-sex couple are already clearly documented in the Match Sheet, the legal phase becomes more of a formalization than a negotiation.
This means that there is little to no stressful back and forth.
Once a match is made and the Match Sheet is completed, your file is referred to the legal team. The attorney representing the intended parents will first contact them to finalize their retainer and initiate drafting of the Gestational Carrier Agreement (GCA), the legal contract that governs the surrogacy arrangement.
If you’re a Texas surrogate—or the intended parents are Texas residents—you may be participating in our Legal Included Program. In this case, the cost of drafting and reviewing the contract is already covered under the intended parents’ retainer with us. That means no legal fees for you, no surprise costs, and no confusion. It’s all taken care of.
Now comes one of the most empowering parts of this journey: you will be represented by your own, independent attorney. This legal professional works solely for you and is paid for by the intended parents. Their job is to:
This step ensures that you are never alone in this process. You have your own advocate by your side, every step of the way.
Once the intended parents’ attorney drafts the Gestational Carrier Agreement, the document is shared with your attorney. Your legal representative will review it thoroughly and compare it to the Match Sheet to ensure all terms are correctly incorporated.
Here’s what’s so wonderful about this part of the process: there is usually very little negotiation involved. Because so much thought, care, and planning has already gone into the Match Sheet, most contracts require minimal—if any—changes.
Of course, you’ll still have the opportunity to go over every section with your attorney and ask any questions you might have. But because the foundation has been so carefully laid, there’s a high likelihood that the contract will already reflect your expectations exactly.
This makes the process fast, low-stress, and highly efficient.
You might be wondering: what exactly goes into the Gestational Carrier Agreement?
While every contract is customized, here are some of the standard topics covered:
All of these details are made crystal clear so that there are no surprises later on. Everything is transparent, agreed upon, and legally binding—providing peace of mind for all parties.
Once both attorneys have reviewed the contract and made any necessary edits (again, rare), and everyone agrees on the terms, the contract is signed and notarized. This is a celebratory milestone in the surrogacy journey!
At this point, your agreement is legally binding, and the document is submitted to the clinic for legal clearance. That means your surrogacy journey can officially move into the next exciting stage: medical protocol and embryo transfer!
In some states, such as Texas, this step is followed by an even more streamlined legal process. After the contract is finalized:
This legal framework is especially smooth for heterosexual married couples in Texas, regardless of whether donor sperm or eggs were used. But regardless of the intended parents’ status, Simple Surrogacy ensures that all legal steps are handled efficiently and professionally.
What makes this part of the journey so surprisingly easy and rewarding is the amount of careful planning that Simple Surrogacy puts into every single step.
Because you’ve already outlined your preferences in the Match Sheet, and because all parties are aligned before the legal phase begins, it’s rare to encounter unexpected hurdles. That means:
Instead, you’ll feel respected, represented, and supported. Your attorney is there for you. Your agency has your back. Your intended parents are on the same page. And the whole system has been designed to ensure that you can focus on the most important part of this journey: giving the gift of life.
Though Texas provides one of the most surrogate-friendly legal environments in the country, surrogacy is practiced successfully and legally across many states. Simple Surrogacy has deep experience navigating surrogacy law in California, Nevada, Illinois, New York, Oregon, Colorado, and many other states.
Each state may have slightly different steps for post-birth processes or parentage orders, but the overall legal protection and contract structure remain consistent. Our legal team works with experienced reproductive attorneys in each state to ensure that your rights and your role as a surrogate are never in doubt—no matter where you live.
Becoming a surrogate is one of the most generous, life-changing decisions a person can make. You are giving something extraordinary to a family who may have thought they would never hold a child of their own.
With that incredible act of giving comes the responsibility to ensure that you are protected, respected, and valued at every stage. The legal process is one of the essential steps that guarantees that you are never left vulnerable—emotionally, physically, or financially.
Simple Surrogacy and its team of legal professionals are committed to making this process not only smooth but empowering.
Many of our past surrogates have shared how surprisingly easy the legal process was. They were nervous at first—understandably so—but found that the Match Sheet had already done the heavy lifting.
“I was dreading the legal part, thinking I’d be in some long back-and-forth negotiation. But honestly, it was so easy. My lawyer was amazing, the contract already had everything we talked about, and I felt completely taken care of. It was one of the easiest parts of the whole journey.” – Lisa, three-time surrogate
“Simple Surrogacy made sure I had my own lawyer who explained everything. It was quick, clear, and respectful. I never felt pressured. I felt protected.” – Jordan, first-time surrogate
Surrogacy is a partnership built on trust, love, and courage. The legal process is what cements that partnership, ensuring that every party feels secure and confident moving forward.
Thanks to Simple Surrogacy’s thoughtful structure—especially the use of the Match Sheet, dedicated legal professionals, and our Legal Included Program—this step becomes not a burden, but a celebration of mutual respect.
It’s one more step forward in a journey that changes lives, builds families, and gives hope.
If you’re considering becoming a surrogate, know this: you will never walk alone. From the first form you fill out to the moment you see the joy on your intended parents’ faces, we are with you every step of the way.
Ready to take the next step in your surrogacy journey? Contact Simple Surrogacy today to learn more about how we make every part of the process—from legal to delivery—a smooth, rewarding, and unforgettable experience.
Because giving the gift of life should be protected by love and guided by experts.
Go back
Surrogacy 101: Choose Your Agency Why Simple Surrogacy Should Be Your First Step Toward Parenthood Beginning the journey of surrogacy is a deeply personal and life-changing decision. Whether you’re a hopeful parent who has tried every avenue to conceive or…
Lern more →If you have had a hysterectomy, you might wonder: Can you have a surrogate after a hysterectomy? The good news is that you can become a parent through surrogacy after a hysterectomy, even if you no longer have a uterus.…
Lern more →When it comes to surrogacy, one of the most common questions intended parents ask is: Does insurance cover surrogacy? Surrogacy-related medical expenses, including the health of the surrogate and newborn, are often covered, but it depends on the insurance policy.…
Lern more →
