Can an intended parent back out of a surrogacy agreement after embryo transfer but before birth?

An intended parent generally cannot simply walk away from a surrogacy agreement once an embryo transfer has taken place and expect no consequences — while a court cannot force someone to become a parent against a clear, established intention not to be one, backing out at this stage can have real legal and financial consequences, including exposure for reimbursable expenses already incurred by the surrogate and potential liability under the terms of the written agreement itself.

It can also directly affect the parentage outcome: if one intended parent withdraws, the case is far more likely to require a court application for a declaration of parentage, where a judge will look closely at the original written agreement and each party's conduct and intentions, including the fact that one party tried to withdraw after conception had already occurred. This is a genuinely difficult situation with significant consequences for the surrogate, any other intended parent, and the child, so anyone considering backing out after embryo transfer should get legal advice immediately rather than acting unilaterally.