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Intended parents: medical and risks

What do vaccine and COVID clauses in a surrogacy contract cover?

The short answer

Vaccine clauses in a gestational carrier agreement state which vaccinations the surrogate agrees to receive during the journey, most commonly influenza, Tdap (recommended by ACOG and CDC in every pregnancy), RSV in season, and COVID-19, and what happens if she declines. Like termination clauses, they cannot compel her; they record what both sides agreed before match. Since 2021 vaccination has become one of the most common matching criteria: surrogates who are vaccinated or willing match faster with parents who require it, and unvaccinated surrogates match with parents who do not. Private Label Surrogacy asks both sides their position at intake and matches accordingly, and the clinic's own requirements, which may include COVID-19 vaccination, apply regardless of the contract.

Written by Mark Silverberg, MD

Executive Director. Physician with 30+ years of practice; reads every surrogate candidate's records.

Medically reviewed by Mark Silverberg, MD

Last updated

Which vaccines are recommended in pregnancy, and by whom?

In the US, two bodies set the reference point for vaccines in pregnancy: ACOG (the American College of Obstetricians and Gynecologists) and the CDC (the Centers for Disease Control and Prevention). A surrogate's OB works from their guidance, and so does the fertility clinic.

Four vaccines come up in almost every gestational carrier agreement:

Vaccines made from live virus, such as MMR and chickenpox (varicella), are not given during pregnancy. The clinic usually checks immunity to rubella and chickenpox at medical screening, and a surrogate who is not immune is vaccinated and waits before transfer.

Recommendations on this page were checked against ACOG and CDC guidance on [DATE].

Vaccine ACOG and CDC position in pregnancy Typical clause treatment Matching impact
Influenza Recommended during flu season, any trimester Surrogate agrees to receive it in season Rarely a matching issue
Tdap Recommended in every pregnancy, early third trimester Surrogate agrees to receive it Rarely a matching issue
RSV Recommended at 32 to 36 weeks in season, or infant antibody shot instead Clause states which option the parties chose Rarely a matching issue; most parents accept either option
COVID-19 Recommended by ACOG; CDC position to be checked on the publish date Clause states whether she is vaccinated, will be, or declines One of the most common matching criteria since 2021

What does a vaccine clause typically say?

A vaccine clause is a short section of the gestational carrier agreement. It usually records:

Vaccine costs are usually covered by the surrogate's health insurance, with anything left over reimbursed by the intended parents.

Like the termination and selective reduction clauses, a vaccine clause cannot compel anyone. It records what both sides agreed before the match, so the question never comes up for the first time in the middle of a pregnancy. The surrogate and the intended parents each have their own attorney, and the intended parents pay for both. See legal contracts in surrogacy.

Can intended parents require a surrogate to be vaccinated?

As a matching criterion, yes. As a procedure, no.

If you are intended parents, you can match only with a surrogate who agrees to the vaccines you want. The agreement then records that she agreed. It cannot force a medical procedure on her, and nothing in a contract changes that. The surrogate keeps the right to make decisions about her own body throughout the journey.

If you are a surrogate, the same rule protects you. You will be introduced only to intended parents whose position matches yours, so you are never asked to change your mind to get a match.

Do fertility clinics have their own vaccine requirements?

Yes, and they apply regardless of the contract. The clinic that performs the transfer sets its own medical rules, and those can include COVID-19 vaccination.

PLS works with 14 partner fertility centers, including Kindbody, Shady Grove Fertility, Fertility Centers of Illinois and Oregon Reproductive Medicine. Their requirements are not identical. If the intended parents' clinic requires a vaccine and the surrogate declines it, that clinic will not transfer. PLS checks the clinic's vaccine rules before it introduces a surrogate to the intended parents.

How does vaccination status affect matching and wait time?

Since 2021, vaccination has become one of the most common matching criteria. More intended parents ask for a vaccinated surrogate than ask for the reverse. So a surrogate who is vaccinated, or willing to be, matches faster with parents who require it. An unvaccinated surrogate matches with parents who do not, and that pool is smaller, so the wait is often longer.

Matching at PLS takes about six months today, and signing to surrogate introduction takes about nine. Nancy Block, RN, PLS's founder, runs matching herself. See how matching works and surrogacy wait times.

What about travel, exposure and illness clauses?

Vaccine clauses usually sit next to three related ones:

How to state your position at intake

State it early and exactly.

If you are a surrogate, tell your case manager which vaccines you have had and, for each one, whether you would receive it during a pregnancy. "Flu and Tdap yes, COVID no" is a complete answer. PLS records each surrogate's vaccination status and willingness at screening. If you meet the requirements, start at See if I qualify.

If you are intended parents, say at your first consultation which vaccines you require and which you only prefer. A preference leaves more surrogates in your pool than a requirement does. Start at Plan my journey.

Sources

Editor notes (A-065): Verify current ACOG and CDC pregnancy vaccine recommendations (COVID-19 and RSV guidance changed in 2025) before publishing; date the page. Confirm PLS intake asks vaccination status.

Frequently asked questions

Can we require our surrogate to get the COVID vaccine?

You can match only with a surrogate who agrees; the contract records the agreement but cannot force a procedure.

Which vaccines are standard in pregnancy?

Influenza and Tdap per ACOG and CDC, with RSV vaccination in season for eligible pregnancies; COVID-19 is recommended by ACOG and CDC.

Does PLS require surrogates to be vaccinated?

PLS records each surrogate's status and willingness at screening and matches to parents with the same position; the clinic's requirements also apply.

Does an unvaccinated surrogate take longer to match?

Often, because more parents request vaccination; the reverse is true for parents who prefer an unvaccinated surrogate.