What does a termination clause typically say?
A termination clause in a gestational carrier agreement states the circumstances in which the intended parents may request that a pregnancy be ended, and what follows if they do.
The circumstances usually written into the clause are:
- A serious fetal anomaly, such as a condition incompatible with life, or a severe condition diagnosed on prenatal testing or ultrasound.
- A threat to the surrogate's life or health, as determined by her physicians.
The clause also typically covers:
- Who is told, and how quickly, when a prenatal test or scan raises a concern.
- Who the parties consult, such as her OB, a maternal-fetal medicine specialist and a genetic counselor.
- Costs. That you pay the medical costs of a termination, her lost wages and recovery, and any related expenses.
- Payments. What she receives if the pregnancy ends this way.
This page explains how these clauses work for intended parents and surrogates. It is not legal advice. Reviewed by [attorney name], [firm], on [date]. Legal statements on this page are pending review by counsel.
What does a selective reduction clause say?
A selective reduction clause does the same for a multiple pregnancy. It states the circumstances in which you may request that a pregnancy with twins, triplets or more be reduced to fewer fetuses, usually to protect the health of the surrogate and the remaining babies.
Typical provisions cover:
- Higher-order multiples. Whether a triplet or larger pregnancy would be reduced, and to how many.
- Twins. Whether reduction of a twin pregnancy would ever be requested, for example for an anomaly in one twin.
- Medical input. That the decision follows advice from her physicians.
- Costs and payments, as with termination.
Selective reduction is less common than it once was, because single embryo transfer has reduced higher-order multiples. The clause remains standard, because a single embryo can still split into identical twins. See single vs double embryo transfer.
| Scenario | What contracts commonly provide | The surrogate's right | Financial consequence |
|---|---|---|---|
| Lethal fetal anomaly | Parents may request termination after medical consultation | She retains the legal right to decide | Parents pay medical costs, lost wages and recovery; agreed payments to her |
| Non-lethal anomaly | Varies: some agreements include it, some exclude it; must be stated explicitly | She retains the legal right to decide | As agreed; if she declines a request the agreement anticipated, consequences set in the agreement |
| Threat to the surrogate's life or health | Her physicians' judgment governs; termination if needed to protect her | She retains the legal right to decide | Parents pay medical costs and her recovery |
| Higher-order multiples | Parents may request reduction, often to one or two | She retains the legal right to decide | As agreed; medical costs and recovery paid by parents |
| Parental change of mind without a medical reason | Not a basis for termination in typical agreements | She retains the legal right to decide | Parents remain responsible under the agreement |
Can a surrogate be forced to terminate or reduce? What the contract can and cannot do
No.
A surrogate cannot be legally compelled to undergo any procedure. Her constitutional right to make decisions about her own body overrides the contract. A court will not order her to terminate or reduce a pregnancy, and it will not order her to continue one against her wishes. The contract sets expectations and financial consequences, not compulsion; the only remedy for a breach is financial. Reviewed by counsel.
What the contract can do:
- Record what both sides agreed, in writing, before any transfer.
- Set out the process: who is told, who is consulted, and how quickly.
- Allocate costs and payments.
- Set financial consequences if either side departs from what was agreed.
What the contract cannot do:
- Make her undergo a procedure.
- Stop her from having one if her own life or health requires it.
- Remove your parentage or your responsibilities under the agreement.
That is why the clause is not where the real protection lies. The protection lies in matching. Two parties who agreed in advance, in good faith, are very unlikely to end up in a dispute the contract cannot resolve.
How does state abortion law affect the clause and the choice of surrogate state?
Access to termination varies by the surrogate's state since 2022. In some states, termination is restricted or unavailable after a certain point in pregnancy or for certain reasons. In those states, a termination clause may not be carried out where she lives, and travel to another state may be needed. Status as of [date], reviewed by counsel.
What this means in practice:
- If you want termination available for a serious anomaly or a threat to her health, you will generally match with a surrogate in a state where it is available.
- The agreement may need to address travel, including who pays and how quickly travel could happen.
- Your attorney and hers advise on the law in her state before you match, and on how it applies to your agreement.
PLS recruits surrogates in surrogacy-friendly states. Where a parent's views on termination depend on state law, the surrogate's state becomes a matching criterion. This page does not list individual states' abortion statutes; your attorney confirms the current law in your surrogate's state.
How does PLS match on these views?
At Private Label Surrogacy (PLS), views on termination and selective reduction are matching criteria, alongside the number of embryos to transfer and vaccination. They are deal-breakers. If your answers and the surrogate's differ, you are not matched.
The process:
- You answer first. The Intended Parent Questionnaire asks you, in plain terms, when if ever you would request termination or reduction.
- She answers too. Each surrogate answers the same questions during her application and interview.
- PLS compares them before any profile is shown. Nancy Block, RN, runs matching personally, and matches on these values before logistics.
- You hear them in her words. At the video match meeting, a PLS team member makes sure both sides discuss these questions directly.
- The attorneys write it down. The agreed positions go into the gestational carrier agreement.
Nancy has made more than 2,500 matches across her career and is a former President of SEEDS, the Society for Ethics in Egg Donation and Surrogacy. Matching on values first is the practice that experience produces. For the full process, see how surrogate matching works.
What happens if views change mid-pregnancy?
Views sometimes change. A diagnosis can look different in real life than it did on a questionnaire. Either side can come to see a decision differently.
If that happens:
- Talk early, with medical facts in hand. Her OB, a maternal-fetal medicine specialist and a genetic counselor can explain the diagnosis to both of you.
- Involve the attorneys. Each side's own attorney explains what the agreement says and what options it allows.
- Use PLS support. Your case manager, and independent mental-health professionals, can help both sides through the conversation.
- Remember the limit. The final decision about a procedure belongs to the surrogate. The agreement governs only the financial consequences. Reviewed by counsel.
Most journeys never reach this point. But planning for it is part of the agreement, which is why the clause exists. See what the gestational carrier agreement covers.
Questions to settle with your partner before matching
Talk these through together before you complete your questionnaire:
- Would we request termination for an anomaly incompatible with life?
- Would we request it for a serious anomaly that is not lethal? Which ones?
- Would we request reduction of triplets? Of twins?
- How many embryos are we willing to transfer?
- Are we willing to match only with a surrogate in a state where termination is available, if that matters to us?
- How would we want to be told, and by whom, if a test raised a concern?
- Which vaccines do we expect our surrogate to receive?
If the two of you disagree, settle it before a surrogate is involved. A surrogate is matched to your shared answer, not to one partner's.
Sources
- ACOG (American College of Obstetricians and Gynecologists), guidance on prenatal screening and multifetal pregnancy reduction. https://www.acog.org
- ASRM (American Society for Reproductive Medicine), guidance on gestational carriers and on the number of embryos to transfer. https://www.asrm.org
- SEEDS, Society for Ethics in Egg Donation and Surrogacy, of which Nancy Block, RN, is a former President.