Gestational Surrogacy Agreements

Surrogacy is a special event in people’s lives and important legal considerations must be taken into account. A gestational surrogacy agreement is a legal document that specifically sets out all the expectations and responsibilities between the surrogate and intended parent(s). The agreement is voluntary and consensual with everyone working together towards the goal. A gestational surrogacy agreement will cover the following issues:

• Expenses. The agreement should specifically detail all of the expenses that the intended parents are responsible for. The surrogate should not be responsible for any fees or expenses as they are the intended parents’ responsibility. The agreement should also specifically state how the surrogate will receive any fees/expenses.

• The Birth of the Child. The agreement should cover whether the intended parents will attend the child’s birth, naming the child, dealing with the birth certificate, and legal and physical custody of the child.

• The Pregnancy. The agreement should cover attending medical appointments, what happens in the event it becomes a high-pregnancy, termination, selective reduction, etc.

• Medical History and Personal Information. The agreement should cover providing personal medical history, undergoing necessary medical screenings, etc.

• Other Stipulations. Each agreement is unique and other considerations should be included in the agreement as appropriate.

Drafting a gestational surrogacy agreement is in everyone’s interest. An experienced attorney can assist you in making sure that all the terms are clear so that everyone can move forward with confidence and peace of mind. Call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.