Surrogacy contracts sit at one of the most sensitive crossroads in law and human emotion. They are not just documents to sign; they are frameworks of shared responsibility, trust, and moral clarity. A surrogacy contract should never be treated as a checklist of signatures and clauses. It must represent a true meeting of the minds—a genuine, mutual understanding of what each party values, expects, and agrees to do when things go smoothly and when they don’t.
The Meaning of a “True Meeting of the Minds”
In law, a contract requires “offer,” “acceptance,” and “consideration.” But in surrogacy, it requires something deeper: alignment of intent. A meeting of the minds means both the intended parents and the surrogate fully grasp—not just the words, but the spirit—of what they are agreeing to. For example: A surrogate may say, “I agree to carry your embryo,” believing she retains some influence over medical choices. The intended parents may think, “She has agreed to follow every medical instruction we approve. Both believe they are agreeing to the same thing—but perhaps they are not. Without clear conversation, there is no true meeting of the minds. The contract must therefore go beyond legal language and ensure that each participant cognitively understands what they’re agreeing to.
Simplifying Legal Language for Laypersons
Most parties are not lawyers, and the language of “hereinafter,” “indemnify,” and “severability” can alienate them. The goal is to translate legalese into human sense without losing accuracy. Even if the parties have a legal background or experience with documents, a more “user-friendly” contract is more appropriate for surrogacy arrangements. After all, this is not an impersonal transaction for the sale of goods. Example: Legalese: “Material breach”. Plain language: “A serious violation that changes the purpose of the agreement—for example, refusing to undergo embryo transfer without medical reason.“
A contract isn’t just a signature—it’s a shared understanding. If any part feels unclear or uncomfortable, let’s talk about it.
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