Whether you are a gestational surrogate for intended parents or the intended parents, it is important to execute detailed agreements after receiving independent counsel. This is critical as you enter into the process of creating and understanding the legal intent of the arrangement. There are two types of surrogacy agreements typically considered: traditional surrogacy agreements and gestational surrogacy agreements. In a traditional surrogacy, the surrogate carrier uses her own egg (making her genetically related to the child she carries). In a gestational surrogacy, the surrogate carrier receives a donor egg and thus has no genetic tie to the child. Regardless of the genetics, the parties legal intent is that the carrier not be the parent. The intended parents patiently await the arrival of their new family with the surrogate’s help. With these roles in play, there will be endless hypotheticals but the hopes of clear expectations and intentions. Addressing each of the questions you have and providing an agreement you understand will be our goals as we help create and protect the family you desire.
Ask your attorney at A.R.T. at Sodoma Law about your options.