Surrogacy agreements are a cornerstone of modern family building. In Pierce County, Washington, where intended parents and surrogates increasingly turn to legal agreements to define their rights and responsibilities, the stakes are high. When everything goes according to plan, surrogacy provides a path to parenthood that’s deeply rewarding for all involved.
However, not every arrangement runs smoothly. A breach of contract—whether by the surrogate or the intended parents—can disrupt lives, jeopardize the surrogacy process, and raise important legal questions.
At Christina T. Sherman PLLC, we understand that disputes can carry emotional and financial consequences. That’s why it’s so important to understand what happens when a surrogacy agreement is breached. Whether you’re a surrogate or an intended parent, having the support of a knowledgeable fertility lawyer can make all the difference.
What Is a Breach of a Surrogacy Agreement?
A surrogacy agreement is a binding contract that outlines the expectations and obligations of both the intended parents and the surrogate. When one party fails to fulfill those obligations, it's considered a breach. Breaches may be minor or significant, but even seemingly small issues can lead to bigger problems if not addressed quickly.
For example, a surrogate might breach the agreement by refusing to attend medical appointments, engaging in prohibited activities during pregnancy, or declining to follow agreed-upon medical protocols. Intended parents might breach the agreement by failing to cover medical expenses, backing out of the arrangement midway, or not taking custody at birth.
Common Examples of Surrogacy Contract Breaches
Both sides in a surrogacy agreement have obligations, and a breach can occur at any stage of the process. While every case is unique, some breaches tend to occur more frequently than others. Common types of surrogacy contract breaches include:
The surrogate doesn’t follow prescribed medical care or lifestyle restrictions.
The intended parents failed to make required payments, including medical or living expenses.
Either party disclosing confidential terms of the agreement to third parties.
Disagreements about selective reduction or termination, even when outlined in the contract.
Failure to establish or transfer parental rights as specified in the agreement.
Some of these breaches stem from misunderstandings, while others result from changes in personal circumstances or disagreements about the terms. Regardless of the cause, a fertility lawyer can step in to clarify the legal ramifications and protect your interests.
Legal Remedies for a Breach
When a surrogacy agreement is breached, legal remedies may be available to the wronged party. These remedies often depend on the language of the contract, the severity of the breach, and state law. In Washington, courts generally uphold well-drafted surrogacy agreements, especially when all parties entered into them voluntarily and with legal counsel.
In many cases, the wronged party may pursue monetary damages for out-of-pocket costs or emotional distress. Specific performance—where the court orders the breaching party to fulfill their part of the contract—is another possibility, although it can be difficult to enforce in cases involving pregnancy or parental obligations.
Because courts evaluate each case individually, working with a fertility lawyer is key. They can help assess your situation, calculate possible damages, and guide you through the legal steps to hold the other party accountable.
Dispute Resolution Methods in Surrogacy
Litigation isn’t the only option when a surrogacy agreement is breached. In fact, most disputes are resolved outside the courtroom through alternative dispute resolution methods like mediation or arbitration. These processes tend to be less confrontational and more flexible than traditional lawsuits.
Mediation involves a neutral third party who helps both sides communicate and work toward a mutually acceptable resolution. It’s especially useful when relationships between the surrogate and intended parents are still cordial and when the dispute is rooted in a misunderstanding or emotional disagreement.
Many surrogacy contracts in Washington include dispute resolution clauses requiring the parties to attempt mediation or arbitration before going to court. A fertility lawyer at Christina T. Sherman PLLC can help enforce these clauses and represent your interests during the process.
How the Courts Might Respond
If the dispute does end up in court, the judge will consider multiple factors, including the terms of the contract, actions by both parties, and what’s in the interest of the child. Courts in Washington tend to favor agreements that were negotiated fairly, with independent legal counsel, and that clearly outline all responsibilities.
However, not every provision in a surrogacy contract is automatically enforceable. For example, a court may refuse to enforce clauses that infringe on the surrogate’s medical autonomy or personal rights. Similarly, if one party acted under pressure or without a full understanding of the terms, the court might question the validity of the agreement.
In all cases, having a fertility lawyer who knows how surrogacy agreements are interpreted in Washington law gives you a stronger position, whether you're defending or responding to a breach.
Emotional Impact and Psychological Considerations
A breach of a surrogacy agreement isn't just a legal matter—it can also be deeply emotional. For surrogates, a breach may feel like a betrayal of trust. For intended parents, it may create stress, heartbreak, and even uncertainty about becoming legal guardians of their child.
The emotional strain can sometimes make resolution more difficult, which is why psychological support should be considered part of the response plan. Many fertility lawyers work with mental health professionals who can help clients deal with the emotional fallout while focusing on practical solutions.
Importance of a Strong Surrogacy Agreement
One of the recommended ways to avoid a breach is to start with a clear, comprehensive, and legally sound surrogacy agreement. A good agreement anticipates potential issues and outlines how they should be handled. It also provides enough detail to remove ambiguity, which reduces the likelihood of disputes.
Your agreement should cover financial responsibilities, health decisions, parental rights, confidentiality, dispute resolution methods, and expectations for communication. It should also be reviewed and approved by a fertility lawyer for both the surrogate and the intended parents.
Provisions That Can Help Avoid Conflict
Strong contracts don't just state what each party must do—they also include built-in tools for resolving disagreement. Thoughtfully crafted clauses can prevent many breaches from escalating into legal battles. Useful contract provisions to include:
Detailed timelines for medical appointments, expenses, and communication.
Clear agreements on medical decisions like selective reduction or termination.
Step-by-step procedures for missed payments or delays.
Confidentiality clauses to protect everyone’s privacy.
Dispute resolution instructions requiring mediation or arbitration before litigation.
By thinking ahead and including these details in the agreement, intended parents and surrogates can create a shared agreement that promotes mutual respect and cooperation.
Steps to Take After a Breach Occurs
Even with a strong contract, breaches can still happen. When they do, it’s important to act quickly and thoughtfully. Don't ignore the situation or try to fix it without legal help—both steps can backfire. The right approach will depend on the nature of the breach and the current status of the surrogacy.
Start by reviewing the agreement in detail to identify what terms were violated. Document everything related to the breach, including emails, text messages, and any financial records. Then, reach out to your fertility lawyer to explore your legal options. In many cases, they’ll recommend attempting mediation before escalating the dispute.
Responding promptly helps protect your legal rights and may improve your chances of resolving the situation without going to court.
When to Involve a Fertility Lawyer
Whether you're anticipating a breach or already dealing with one, involving a fertility lawyer early can help prevent further damage. Lawyers who focus on fertility and surrogacy law understand the sensitive nature of these arrangements and how to handle them with both legal care and empathy.
A fertility lawyer can assess whether a breach occurred, explain your legal options, and represent you during dispute resolution or court proceedings. If you're entering into a new surrogacy agreement, involving a fertility lawyer from the beginning is one of the recommended ways to protect everyone involved.
Contact Christina T. Sherman, PLLC Today
A breach of a surrogacy agreement can feel overwhelming, but you don't have to face it alone. With a thoughtful strategy and support from a fertility lawyer, you can respond effectively and protect your rights. At Christina T. Sherman PLLC, we help clients throughout Tacoma and beyond, including Pierce County, King County, Thurston County, Kitsap County, and the western Washington area. Contact us today.