Gestational Carrier Contracts

The relationship between gestational carrier mothers and the intended parents is both crucial and complicated in that the gestational carrier is carrying the intended parents' child inside her body for a significant period of time!  There are medical, emotional, legal, and financial aspects of any gestational carrier arrangement that must be discussed and agreed upon to ensure a smooth relationship.

It is extremely important that there be a written contract between the gestational carrier, her husband (if she is married), and the intended parents that lay out each party's rights and responsibilities throughout the pregnancy and after the birth of the child. Many assisted reproduction medical providers will not conduct embryo transfers into a gestational carrier's uterus without a signed gestational carrier contract in place.

Contact us at 919-783-9669 today to discover how we can help with gestational carrier mother contracts.

There are two types of gestational carrier mothers:

  • Traditional gestational carriers - With traditional gestational carriers, the intended father's sperm is artificially inseminated into the gestational carrier.
  • Gestational surrogates - These gestational carrier mothers undergo in vitro fertilization, where the fertilized egg from the intended mother and father is placed into the gestational carrier's uterus and the gestational carrier carries the embryo to full term.

Gestational carrier mothers should consider gestational carrier contracts to detail what her responsibilities are before, during, and after the pregnancy, as well as the expectations of the intended parents. Even if all parties involved in the gestational carrier are familiar with each other, or even family, a contract should still be written and signed. This type of document can help prevent undue stress, confusion, or arguments during pregnancy. A contract also helps all parties involved consider all the different possible outcomes of the assisted reproduction process and potential pregnancy.

If you need help with drafting or formalizing a gestational carrier contract, contact a family law attorney. An experienced attorney who has helped other gestational carrier mothers can guide you through the requirements of the contract and give you an idea of what to expect from the contract process.

Call us to discuss your unique needs and goals.