Genetic surrogacy contracts are enforceable in court. However, the contract may not conflict with the best interests of the child, and the surrogate must agree to termination of her parental rights after the birth of the child. This may also be done in the case of parental unfitness determined by the court.

There has been no definition set as to whether intended parents must be married in order for the contract to be valid.

A surrogate has the right to request reimbursement in excess of the amount of expenses incurred of specific expenses, including legal, medical and health services. Payment cannot be contingent on custody of the child or termination of the rights of the surrogate.