Even then, there is no guarantee that the courts will enforce the contract should a dispute arise, no matter how thorough the lawyer has been. Many surrogate contracts in the United States have been completed successfully, usually because the surrogate mother does not attempt to question the contract's terms. However, if the surrogate mother decides to keep the baby and go to court, there is no guarantee in any state that her efforts will completely fail. Judges have been highly sympathetic to the complaints of surrogate mothers. In any event, couples should never attempt to enter into a surrogacy contract in a state where it is prohibited.
Some states have criminal penalties for anyone who violates the surrogate parent law.
Very serious problems could be created even if the surrogate mother is completely cooperative. Couples should be careful in states that have little or no clear laws on the subject. At best, a surrogate contract in those states is a gamble. Some judges may be inclined to enforce the contract, but others may not. Test cases often involve years of expensive lawsuits and emotionally draining appeals.