What Is A Gestational Carrier Agreement?

Victoria Ferrara

7/22/14

At times, it can get confusing to keep track of all the legal contracts and provisions that go into surrogacy, one of them being the Gestational Carrier Agreement.  This is also known as the Gestational Surrogacy Contract, which is the agreement or contract between the intended parents and the surrogate.  

Depending on the state where the agreement is being entered into, the provisions of the contract can differ widely.  In some cases it is illegal to even enter into a surrogacy agreement.  If this is the case, then the Gestational Carrier Agreement can be deemed invalid.  If the baby being carried by a surrogate is born in a state where surrogacy is against the law, the intended parents can be left with little to no legal protections over the child. Because of this, it is important to understand that Gestational Surrogacy Contracts are a delicate matter that should not be taken lightly.

When you are looking to make a Gestational Carrier Agreement, it is important to include some basic elements such as:

  • Names of parties
  • Date and place of agreement
  • Signatures
  • Consideration, or "bargained for exchange"

Obviously a Gestational Carrier Agreement would go beyond just these elements. Many more provisions should be included after consulting with your legal representative. Ensuring everything is covered in the Gestational Carrier Agreement, for both you and your surrogate, will make your surrogacy journey a much smoother one. 

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