- Provider identity, licensing evidence and agreement questions; not an opinion on a particular contract’s enforceability.
- An advertised service or clinic acceptance policy is not proof of legal eligibility.
Identify each provider and its responsibility
A clinic, coordinator, donor-material supplier, pregnancy-management service and maternity hospital may be separate organisations. A shared brand, referral or package document does not prove common ownership.
Record the full legal name, registration details, treatment address, invoicing entity and responsible professional for each part of the arrangement. A foreign contact number should not be treated as a verified local medical office.
Check the authorised activity, not just a document image
A provider’s licence image may identify a licence number, named entity and address. Confirm its current validity, authorised activity and treatment location with the relevant authority.
In the January 2025 consolidation, Article 104(3) describes a licensed healthcare organisation’s notarised agreement concerning the surrogate’s care during pregnancy, birth and the postpartum period. Paragraph 11 links ART activity to the relevant medical licence, while paragraph 12 addresses advertising and recruitment restrictions. These provisions identify distinct checks; they do not independently validate a current provider.
Make the written scope match the arrangement
Separate clinical consent from commercial and coordination agreements. Identify the services, time period, reporting arrangements, decision responsibilities and conditions for changing providers.
The historical text distinguishes the agreement with the intended parent or parents, a married surrogate’s spouse’s consent and the healthcare organisation’s care obligations. Those are not automatically the same document as an agency package. The applicable current requirements and independent-advice arrangements need to be resolved alongside medical planning.
Questions for the responsible professional
- Who owes each duty, and who remains responsible if a subcontractor changes?
- What happens after cancellation, failed treatment, complications or a dispute?
- Which language versions govern, and where can a dispute be brought?
Understand payment and risk-allocation terms
A milestone payment schedule should identify the recipient, amount, currency, due event and refund or cancellation terms. “Risk cover” and “unlimited” do not define the remedies by themselves.
Ask about medical decision-making, insurance or funding arrangements, treatment of complications, pregnancy loss, neonatal care and continuing obligations. Do not assume a package overrides clinical consent or mandatory legal duties.
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Sources & scope
- Ministry of Justice — Health Protection Law reference ↗ — Official reference rechecked 29 October 2026; full readable text and latest amendment/commencement history were not obtained.Source accessed 29 October 2026.
- FAOLEX — Health Protection Law No. 14, consolidated through 21 January 2025 ↗ — Readable historical text, including Article 104 on pages 66–67. It is not proof of the complete law applicable in October 2026.Source accessed 29 October 2026.
- Ministry of Justice — Resolution 616 surrogacy procedure ↗ — Official procedure reference; complete current operative text was not readable in this check.Source accessed 29 October 2026.
Use this guide to prepare a discussion with your treating team and, where needed, independent legal advisers. Individual eligibility, treatment and travel plans need confirmation for your circumstances.