Gestational Surrogacy Agreements
Gestational Surrogacy Agreements: Your Legal Partner from Day One
The decision to grow a family through gestational surrogacy is a life-changing step for everyone involved. It is a journey filled with excitement, and it deserves a strong legal foundation that protects you from the very start.
At Fertility & Surrogacy Legal Group (FSLG) in San Diego, our mission is to be your first point of contact for legal guidance. We advise you from the very beginning of your journey, not just at the contracting stage, so you have the clarity and protection to move forward with confidence.
Securing Your Future: Why a Rock-Solid Gestational Surrogacy Agreement Is Essential
A gestational surrogacy agreement (GSA) is a comprehensive legal contract that defines the intentions, obligations, rights, and responsibilities of both the intended parents and the surrogate.
A GSA is often required by statute, and without one, all parties face significant risks, including financial vulnerability, disputes over parental rights, and immense emotional distress. A medical consent form alone is not sufficient and can make it difficult to obtain a birth certificate in the correct name.
For Intended Parents
- Parental Rights Secured: The GSA is the legal blueprint that ensures you retain parental rights from the moment the agreement has been signed. This enables you to see and hold your baby at the time of birth and take your baby home.
- Financial Clarity: The agreement provides transparent, detailed provisions for all expenses, including legal fees, medical costs, compensation, and insurance.
- Risk Prevention: A meticulously drafted GSA anticipates potential issues, such as high-risk pregnancies, and provides clear breach procedures and remedies to protect your interests.
For Surrogates
- Comprehensive Protection: The GSA safeguards your rights, health, privacy, and compensation. It ensures you are protected from associated medical costs and will receive full compensation in a timely manner.
- Defined Roles: The agreement clearly outlines your role and responsibilities, giving you confidence and security in your journey.
- Legal Certainty: The GSA establishes your relinquishment of parental rights, ensuring you are protected from any future obligations.
What an FSLG Gestational Surrogacy Agreement Covers
Every surrogacy arrangement is unique, and our attorneys are experts at drafting customized, detailed, and legally compliant agreements that are tailored to your specific situation. The surrogate and intended parents each have their own attorney, and FSLG can represent either side.
Your agreement will cover:
- Parental Rights: Establishes parental rights for intended parents and the relinquishment of rights by the surrogate and their spouse.
- Insurance Coverage: Health and life insurance coverage for the surrogate.
- Cycle & Pregnancy Plans: Fertility cycle and pregnancy plans.
- Medical Decisions: Medical decisions and the childbirth plan.
- Compensation & Expenses: The surrogate's compensation and other related expenses.
- Future Contact & Confidentiality: Provisions for future contact and confidentiality.
- Breach & Remedies: Breach procedures and remedies to protect all parties.
Why Families Trust FSLG
Intended parents and surrogates choose FSLG because we combine deep expertise in reproductive law with genuine care for everyone involved.
FSLG focuses exclusively on fertility and surrogacy law, giving clients access to unmatched expertise and a true legal safety net.
- Nationwide & International Expertise: We are licensed in multiple states and have a vast nationwide network of surrogacy law attorneys, which helps to ensure your agreement is in full compliance with the laws of the surrogate’s state of residence. We also serve clients globally, including those from Europe and Asia.
- Proactive & Compassionate Guidance: Our attorneys guide you from day one, helping you avoid legal pitfalls before they arise. We demystify the process so you feel empowered and supported, not overwhelmed. One client shared that our advice “saved us a lot of money and frustration”.
- Efficiency You Can Count On: We are known for our efficient process. Initial drafts are often prepared within 24-48 hours, and legal clearance can be issued within two to three weeks.
Ready for Legal Peace of Mind?
The sooner you secure your agreement, the more confident you'll feel moving forward. FSLG is here to ensure every detail is clear and every right is protected.
Prefer to speak directly? Call us at 619-309-2310 or fill out the secure form below.
Frequently Asked Questions About Gestational Surrogacy Agreements
Why do I need a gestational surrogacy agreement?
A gestational surrogacy agreement (GSA) defines the relationship between a parent and a surrogate in exact legal terms. It outlines all parties’ rights, duties, and obligations to each other. In most states FSLG works in, a GSA is required by statute.
Can we simply sign a medical consent form instead?
No, a medical consent form is a common misunderstanding. It only means the IVF clinic will provide services to the patient. It does not meet minimum contract standards and can make it difficult to obtain a birth certificate in the correct name.
How long does it usually take to complete a surrogacy agreement?
FSLG usually finishes the first draft of the contract within a matter of days. Personalizing the document depends on the planned parents, but FSLG can often get the approved contract to the surrogate's attorney in less than a week. Legal clearance is typically issued within two to three weeks.
What is the difference between gestational surrogacy and traditional surrogacy?
In a gestational surrogacy arrangement, the surrogate is not biologically related to the child. In traditional surrogacy, the surrogate's own eggs are used, making her biologically related to the child, though she relinquishes her parental rights.
Is surrogacy legal in all 50 states?
No. Surrogacy laws vary by state. Unfortunately, a handful of states, such as Nebraska and Louisiana, are not surrogacy friendly. FSLG handles surrogacy arrangements in every other state where it is legal.