Surrogacy contracts are designed to protect the rights and expectations of both intended parents and surrogates throughout their collective pregnancy journey. Diet, exercise and lifestyle restrictions are often a part of pregnancy journeys that have nothing to do with surrogacy. Yet, it isn’t always clear if these types of provisions are appropriate within the context of a surrogacy contract.
In most cases, yes, such restrictions are appropriate contract inclusions to a point. But, they must be approached thoughtfully, respectfully and in accordance with state law.
Why formalize such concerns?
Intended parents often want assurance that a surrogate will take all reasonable steps to support a healthy pregnancy. This may include agreeing to avoid alcohol, tobacco and recreational drugs, as well as limiting caffeine and following prenatal medical advice. These types of lifestyle clauses are common and generally considered appropriate inclusions into a surrogacy contract when they are clearly defined and medically supported.
Dietary expectations may also be included in a contract, especially if the intended parents follow specific cultural or religious guidelines, or if there are known food allergies or sensitivities in their family. However, it’s important that any diet-related terms are realistic, non-punitive and allow for professional medical input. A surrogate should never be expected to follow overly restrictive diets that could harm her well-being or the baby’s development.
Exercise provisions should also be addressed with equal care. While staying active during pregnancy is generally encouraged, surrogacy contracts may set reasonable limits on high-risk activities. For example, the agreement may discourage heavy lifting, contact sports or excessive travel during the third trimester. These restrictions should reflect medical best practices and be adaptable based on the surrogate’s health and her doctor’s recommendations.
Ultimately, lifestyle restrictions must strike a balance between the surrogate’s autonomy and the intended parents’ concerns. Surrogates are not employees—they are generous individuals carrying a child on behalf of another family. Contracts should never be used to micromanage daily behavior but rather to outline shared goals, medical expectations and communication standards.