A Legal Foundation For Your Family

What to include in a gestational carrier agreement

On Behalf of | Mar 29, 2024 | Assisted Reproduction

A gestational carrier refers to a woman who agrees to have a fertilized egg from another woman implanted in her womb. She then carries and gives birth to the baby before handing it over to the parent(s) who contracted her.

It can be an emotional and challenging time for all involved, so it is crucial to create a legally binding contract. Here are some of the things to detail in your gestational carrier agreement:

Who pays for which things?

There will be considerable costs involved. You need to be clear about which the intended parent(s) will cover and which are the gestational carrier’s responsibility. Any payment must also be clearly stated, including when and how it will be made.

Who gets to decide about certain things?

Pregnancies do not always go to plan. What would happen if difficulties arise during the pregnancy and doctors decide that going through with the delivery could endanger the carrier? Or what would happen if she goes into labor much sooner than expected and is unable to wait to give birth at the pre-agreed location or unable to wait until the intended parent(s) can arrive?

Rights to the child

The gestational carrier could become attached to the baby growing inside her. The agreement must make clear that she relinquishes all parental rights, allowing the intended parent(s) to claim legal parental rights once the baby is born.

You also need to define the rules regarding contact. Maybe the intended parent(s) are happy for the gestational carrier to visit the child occasionally, or perhaps she must cease all contact as soon as she delivers the baby, and the hospital considers it OK to do so. Whatever you choose, just ensure it is clear in your agreement.

With so much at stake, you’ll want legal help to make sure your gestational carrier agreement is legally binding and covers all the necessary details.