What Happens If Intended Parents Back Out? Understanding the Protections in Surrogacy
One of the most common — and understandable — questions surrogates ask when considering surrogacy is:
“What happens if the intended parents change their mind?”
It’s a question rooted in responsibility, care, and foresight. After all, surrogacy requires deep trust. At Modern Family Surrogacy, we believe that honest conversations build confidence — and the truth is both reassuring and empowering for surrogates.
Let’s walk through why intended parents backing out is extremely rare, and how surrogates are legally and financially protected every step of the way.
Why Intended Parents Backing Out Is Extremely Unlikely
By the time intended parents begin a surrogacy journey, they’ve already made an extraordinary commitment — emotionally, physically, and financially.
Most intended parents arrive at surrogacy after years of longing, infertility challenges, pregnancy loss, medical barriers, or legal obstacles to growing their family. Surrogacy is rarely a first option; it is often the result of deep reflection and resilience. This alone makes walking away incredibly unlikely.
Beyond the emotional investment, intended parents also commit significant financial resources long before a surrogate ever becomes pregnant. These include:
Agency fees
Legal fees
Fertility clinic and IVF costs
Medical screenings
Psychological evaluations
Insurance arrangements
Escrow funding for surrogate compensation and expenses
This upfront investment reflects a serious, intentional commitment to becoming parents — not a casual decision.
Additionally, intended parents are actively involved throughout the journey: attending medical appointments, participating in decisions, communicating regularly with their surrogate, and emotionally bonding with the pregnancy. These experiences further reinforce their dedication and connection to the child they are working so hard to bring into the world.
Simply put: intended parents do not enter surrogacy lightly, and backing out is extraordinarily rare.
The Legal Contract: Built to Protect Surrogates
Even though the risk is extremely low, surrogates are never asked to rely on hope alone. This is where the surrogacy contract plays a critical role.
Before any medical steps take place, a comprehensive legal contract is created and signed by both parties. Importantly, each side has its own independent legal counsel — ensuring that the surrogate’s rights, compensation, and well-being are fully protected.
These contracts clearly outline:
The intended parents’ financial obligations
The surrogate’s compensation and reimbursements
What happens in unlikely or unforeseen scenarios
Responsibility for medical care and pregnancy-related expenses
Parentage intentions and legal protections
Once signed, the contract is legally binding. Intended parents are financially responsible for the pregnancy and the child, regardless of unexpected circumstances. This means surrogates are not left unsupported — even in hypothetical situations that rarely occur.
In addition, funds for surrogate compensation and pregnancy-related expenses are typically placed in an independent escrow account before pregnancy begins. This ensures payments are secure, scheduled, and protected from disruption.
Support Beyond the Contract
At Modern Family Surrogacy, protection goes beyond paperwork. Our team carefully screens intended parents for emotional readiness, financial stability, and long-term commitment before matching ever occurs. This reduces risk even further and creates a foundation of trust and transparency.
Surrogates are also supported throughout the journey by experienced case managers who are there to answer questions, address concerns, and advocate for their well-being at every stage.
You are never navigating this alone.
Peace of Mind for Surrogates
It’s completely natural to ask “what if?” when considering something as meaningful as surrogacy. But the reality is this:
Intended parents are deeply invested and highly committed
The legal contract protects surrogates financially and medically
Funds are secured in escrow before pregnancy
Agencies like Modern Family Surrogacy provide continuous oversight and support
Surrogacy is built on intention, preparation, and trust — with safeguards in place so that surrogates can move forward with confidence.
A Final Reassurance
Surrogates are at the heart of this journey, and their safety, security, and peace of mind matter deeply. Asking thoughtful questions is part of being a responsible and empowered surrogate — and understanding the protections in place allows you to step into this role with clarity and confidence.
👉 Considering becoming a surrogate and want to feel fully protected? Contact Modern Family Surrogacy today to learn how we prioritize your well-being, safeguard your journey, and support you every step of the way.
