A surrogacy agreement sets out the arrangements of your surrogacy. There’s no legal requirement to have a surrogacy agreement in England or Wales, but they are always recommended and in some countries they are compulsory.
In some countries, your surrogacy agreement will create a legally binding agreement between the Intended Parent or parents and Surrogate. In England and Wales, a surrogacy agreement is not legally binding, and it does not determine who will be or can be the legal parent or parents of the child, but it is still an important document.
If disagreements happen further down the line, the surrogacy agreement is evidence of your original intentions, and can help the court understand what had been planned, what has changed and why. It also helps to prove that everyone involved fully understood their role in the arrangement, and gave their full consent.
The process of drafting a surrogacy agreement also helps to make sure the Intended Parent or parents and Surrogate are on the same page, and that you all have the same expectations about how it will all work. This can help avoid disagreements further down the line.
As the law stands, Lawyers and Solicitors cannot negotiate or draft surrogacy agreements, but they can help you understand the important aspects of surrogacy arrangements and the things you will need to consider.  A surrogacy agreement should be prepared before conception takes place.
Having a surrogacy agreement:
Gives you an added layer of protection that informal agreements won’t
Makes sure that everyone is on the same page about what to expect in the short and long term
Reduces the risk of disagreements later on
Makes sure that those involved in the arrangements are the right fit, before you commit