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Intended parents: medical and risks

What do termination and selective reduction clauses in a surrogacy contract mean?

The short answer

A termination clause in a gestational carrier agreement states under what circumstances the intended parents may request that the pregnancy be ended, typically a serious fetal anomaly or a threat to the surrogate's life, and a selective reduction clause does the same for reducing a multiple pregnancy. Both are agreed before match, because a surrogate cannot be legally compelled to undergo any procedure: her constitutional right to decide about her own body overrides the contract, and the only remedy is financial. For that reason Private Label Surrogacy matches on these views first and will not match parents and surrogates who disagree. State law also matters: access to termination varies by the surrogate's state after 2022, which can affect where you choose a surrogate. Reviewed by counsel.

Written by Nancy Block, RN

Founder and Director. Fertility nurse, 17 years at Northwestern Memorial Hospital. Former President, SEEDS.

Medically reviewed by Mark Silverberg, MD

Last updated

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:

The clause also typically covers:

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:

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:

What the contract cannot do:

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:

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:

  1. You answer first. The Intended Parent Questionnaire asks you, in plain terms, when if ever you would request termination or reduction.
  2. She answers too. Each surrogate answers the same questions during her application and interview.
  3. PLS compares them before any profile is shown. Nancy Block, RN, runs matching personally, and matches on these values before logistics.
  4. You hear them in her words. At the video match meeting, a PLS team member makes sure both sides discuss these questions directly.
  5. 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:

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:

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

Frequently asked questions

Can intended parents require a surrogate to terminate?

No. She retains the legal right to decide; the contract sets expectations and financial consequences, not compulsion.

What if we and the surrogate disagree about termination?

At PLS you are not matched; agreement on these views is a matching requirement.

Does the surrogate's state matter?

Yes. Termination access varies by state, so parents who want the option generally match with surrogates in states where it is available. Reviewed by counsel.

Is selective reduction still common?

Less so, because single embryo transfer has reduced higher-order multiples; the clause remains standard.