Before a surrogate is pregnant, she can change her mind about moving forward with surrogacy and intended parents can also change their mind about moving forward with surrogacy at that point.  But the surrogate cannot change her mind about turning the baby over to the intended parents upon birth. There is a surrogacy agreement entered into by the surrogate and intended parents prior to the embryo transfer procedure and, in most states, a parentage order issued during the pregnancy that conclusively determines the intended parents to be the parents of the baby the surrogate is carrying.