Gestational Surrogacy Agreements

We know how exciting it is when Intended Parents and Gestational Surrogates begin their surrogacy journey together. However, Gestational Surrogacy is a complicated process and the laws vary from state to state. This is why it is extremely important that both the Intended Parents and the Gestational Surrogate be represented by experienced, independent legal counsel to advise them of the legal ramifications of entering a Gestational Surrogacy match. It is also extremely important that the parties enter into a detailed a thorough Gestational Surrogacy Agreement, to define in detail, the rights and responsibilities of all parties involved with a Gestational Surrogate pregnancy. Many states have Parentage Acts that require a comprehensive Gestational Surrogacy Agreement be entered into between the parties, with all parties represented by separate and independent counsel. It is crucial that your attorney understand the legal requirements of your state’s Parentage Act so as to not jeopardize establishing the Intended Parents’ parental rights prior to the birth.

We have industry leading expertise in the drafting and negotiation of all aspects of Gestational Surrogacy Agreements. We have represented thousands of Intended Parents and Gestational Surrogates.  We strive to not only address the legal rights and responsibilities of all the parties, but also to provide a detailed and comprehensive plan that will cover such vital issues as confidentiality, medical insurance coverage, communication, expectations for the pregnancy, views on pregnancy termination, compensation, expense reimbursement, and many others.  A well drafted and negotiated Gestational Surrogacy Agreement allows all parties to focus on, and enjoy, the pregnancy.  

We represent both Intended Parents and Gestational Carriers, whether matched independently or through an agency.  We can also help identify other attorneys with experience in fertility law in the Gestational Surrogate’s state to represent your Gestational Carrier or Intended Parents which will ensure that both parties are receiving independent legal advice. When parties are matched through an agency, we work closely with your agency’s coordinator to ensure that your Gestational Carrier Agreement is consistent with everyone’s expectations based upon the agency’s policies. When matched independently or when working with a family member or friend, we are sensitive to not only addressing the legal issues but also ensuring that the relationship between the parties is preserved.

Once a pregnancy is achieved, we can also assist the parties in obtaining a Pre-Birth or Post-Birth Parentage Order to establish legal parentage (See Parentage Orders).

If you have any questions about our Gestational Carrier Agreement services, or if you would like to talk about your situation in a general way, please don't hesitate to Contact Us any time.