Since Salem is widely regarded as being in Illinois, a little searching turned up a summary of that state's surrogacy law.
The Illinois law requires medical and psychological screenings for all parties before a contract is signed and stipulates that surrogates be at least 21, have given birth at least once before and be represented by an independent lawyer, paid for by the intended parents.The law allows only gestational surrogacy, in which an embryo is placed in the surrogate’s uterus, not the traditional kind, in which the surrogate provides the egg. In addition, it requires that the embryo created in a petri dish must have either an egg or a sperm from one of the intended parents.
The writers have muddied the waters with the only-in-Salem contract provision that Chloe could try again without notifying Nicole or the Love Doctor. However, the idea that the contract allowed Chloe to try again for a baby that she could then keep would be thoroughly unpersuasive because that's not what surrogacy agreements are all about. Chloe's name on the birth certificate gives her a temporary advantage, but it would last only as long as a court is unaware of the child's genetic background. Accordingly, if push came to shove, Chloe wouldn't have a legal leg to stand on. Her argument about Deimos would also be dismissed. His character is irrelevant, particularly since everyone in Salem knows that based on past experience, his relationship with Nicole could easily end in a Salem second.