Infertility is a problem for couples throughout the world. One solution is surrogate motherhood. A typical surrogate mother contract involves three parties: a man and a woman who، as a couple، want to employ the services of a surrogate mother، and another woman who agrees to conceive a child through artificial insemination with the couples' embryo. Usually، in return for a sum of money، the surrogate mother agrees to bear the child and give it to the couple after pregnancy.

The infertile couple agrees to pay the surrogate mother a fee، as well as medical expenses and cost of travel. Furthermore، they agree to accept custody of the child. Other clauses of the contract may include: the surrogate mother’s promise not to form or attempt to form a relationship with the child; limitations on the surrogate mother’s rights to smoke، drink، or have intercourse. Surrogacy is one of the methods in assisted reproduction technology in invitro fertilization. Using this method is not limited to the hysterectomized or women without womb.

Ambiguity in the nature of surrogate contract is one of the obstacles to contract enforcement. Therefore recognition of Nature of this contract is important. Nature of this contract has not contained in a specific shape of agreement like lease، borrowings and contract of rewards etc. And can only be admitted on the basis of code 10 of civil law، but all the signs of contract cannot be ascertained on the basis of the wills of two parties and a portion of it will be settled on vindicating impressions. The most important sign are relationship and parentage from contract which will be obtained as non-voluntarily and vindictively.