What to Do if Your Surrogacy Contract Has Been Compromised?


It is not uncommon for contracts of any kind to become compromised in one way or another. Most of the time, any potential breach or violation of a contract can be remedied fairly easily. However, there are times when the expectations articulated within a contract may be breached significantly. If you have entered into a surrogacy contract and you are concerned that the terms of your contract are either not being honored or are otherwise becoming compromised, don’t panic. Seek legal guidance now to better understand your rights, options, and opportunities for remedy. With the assistance of an attorney experienced in the area of law known as “family formation,” you can seek a resolution as efficiently and as effectively as possible under the circumstances. 

Surrogacy Contract Violations

When one or more parties to a contract violate the terms of that agreement, the offending party is said to be in “breach” of the contract. Some breaches are minor while others may be considered “material.” It is understandable that a breach of ANY term of a surrogacy contract may make prospective parents anxious. After all, everything that a surrogate mother does – from the foods that she eats to the potential toxins in the air that she breathes – can affect the development of a pregnancy. With that said, material (very serious) breaches of surrogacy contracts are exceedingly rare. Far more common are relatively minor breaches that can be remedied with clarification of expectations, positive and proactive communication, and compassion. 

This isn’t to say that prospective parents should do nothing if they learn that the terms of their surrogacy contract have been – in any way – compromised. In fact, reaching out to an attorney proactively when any breaches in question are minor can help to ensure that no additional breaches of expectation occur in the future. Additionally, if your contract has been breached in a material way, know that we can help. It may be appropriate to demand enforcement of certain provisions or to cancel the contract. 

No two surrogacy contract scenarios are ever exactly the same, so it isn’t always easy to know what your options are before you’ve spoken with an attorney. If you’re unsure of what a violation or compromise of your surrogacy contract means for your rights and options as a prospective parent, connect with us as soon as possible for helpful clarification and a trusted source of legal guidance and support. 

Legal Assistance Is Available

Whether you have already entered into a surrogacy contract or you are concerned about the potential limitations and liabilities of entering into such an arrangement, our firm can help you to make an informed decision about your situation. The trusted and reputable Nevada legal team at Contemporary Legal Solutions has extensive knowledge about family formation law and the contracts that govern both traditional and gestational surrogacy. Once we learn more about the unique details of your situation, we can provide you with objective guidance as to how you may move forward in the furtherance of your surrogacy-related goals. We look forward to meeting with you.