surrogacy + gestational

carrier agreements

Knowledgeable Gestational Carrier Agreement Attorney Works with LGBTQ+ and Other Couples to Prepare Agreements with Gestational Carriers in the Washington, D.C. Metropolitan Area

When couples are unable to carry a child to term on their own, they may choose to work with a woman who agrees to serve as a gestational carrier for the couple. Modern assistive reproductive technologies have made gestational carrier arrangements a much more regular occurrence. However, any successful arrangement should have a written agreement between the intended parents and the gestational carrier (and her partner or spouse if she has one). To ensure you have a valid, effective, comprehensive agreement, turn to a gestational carrier agreement attorney from Zavos Law for seasoned legal representation.

For decades, Attorney Michele Zavos has been at the forefront of advancements in the law in D.C. and Maryland that have allowed couples to take advantage of assisted reproduction technology to have children and grow their families. Call Michele Zavos Law today for a consultation to talk to Attorney Michele Zavos about whether a gestational carrier arrangement might be right for you and your family. You will also learn how Michele Zavos can help you to craft a gestational carrier agreement that protects your family’s rights and interests.

What Does a Gestational Carrier Agreement Do?

A gestational carrier agreement is intended to set forth the rights, responsibilities, and obligations of you and your spouse or partner and the woman who has agreed to serve as a gestational carrier.

Both of the intended parents should be parties to the agreement, along with the gestational carrier and her spouse or partner, if she has one.

The agreement should also be finalized and signed before any embryo transfers are attempted.

“we have been impressed with

the breadth and depth of her

knowledge of the legal nuances

and local intricacies involved —

invaluable in this area of law.”

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Aspects of the relationship between you and a gestational carrier that your agreement should cover include:

The timing and number of embryo transfer attempts
The expectations of the parties regarding the parentage of any child or children that are born from embryos fertilized by the eggs and sperm of the intended parents, and carried to term by the gestational carrier.
Who is entitled to make decisions regarding medical care during the pregnancy, including care specifically directed towards the child as well as care directly intended for the gestational carrier.
Where delivery will occur.
Who will have responsibility for any children born out of the agreement, and for how long.
Compensation and reimbursements of medical, food, transportation, and housing expenses for the gestational carrier, or the requirement of the intended parents to provide health insurance to the gestational carrier and how long such insurance coverage will be provided.
Confidentiality obligations.
What steps have been taken to ensure the informed consent of each party to the agreement, including whether medical and mental health experts have been consulted by all the parties.

Ultimately, a gestational carrier agreement should expressly state that the intended parents will be the sole legal parents of any children born from embryos fertilized by the intended parents’ eggs and sperm. The agreement should also spell out whether the intended parents will obtain a pre-birth order designating them as the legal parents or whether an adoption process may be needed; if adoption is required to secure the intended parents’ legal rights, the consent of the gestational carrier and her spouse or partner should also be established in the gestational carrier agreement.

How a Gestational Carrier Agreement Attorney from Michele Zavos Law Can Assist Your Family

Intended parents need to ensure that their gestational carrier agreement is as comprehensive as possible and correctly spells out both their intentions and obligations, as well as the intentions and obligations of the gestational carrier (and her spouse or partner, if any). Unforeseen complications can easily arise during a gestational carrier arrangement, so the more comprehensive your agreement is, the more likely that you can easily resolve any issues that occur.

Reach out to Michele Zavos Law for a case evaluation to learn how an experienced Gestational Carrier Agreement Attorney can make the difference for your family.

faq

Why do I need an attorney to help with a gestational carrier agreement?

A gestational carrier agreement must clearly and comprehensively spell out the expectations and obligations of the intended parents, the gestational carrier, and the partner or spouse of the gestational carrier (if she has one). The agreement must be expressly clear that the intended parents are the sole legal and intended parents of any child or children that are born by the gestational carrier through assisted reproductive technology using sperm and/or eggs from the intended parents. The more comprehensive the agreement, the more likely you will have already spelled out how certain complex issues should be resolved if they arise. An experienced attorney can help ensure that you have a thorough gestational carrier agreement.

How do I ensure that my partner or spouse and I are named as our child’s parents on the birth record?

In both Washington, DC and Maryland, you and your partner or spouse may be able to obtain a pre-birth parentage order from the court, which will have the effect of naming you both as your child’s legal parents.

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