Gestational surrogacy is a complicated process involving multiple parties and subject to a range of laws, depending on where the commissioning parents and the surrogate live. Whether you are the gestational surrogate or the commissioning parent(s), we can help protect your interests and guide you through this complex, yet rewarding, journey.

We will help you confirm whether or not your state offers a surrogacy-friendly environment. When it comes to viable options, we will lay out benefits and potential pitfalls, including those that may be encountered should you choose a surrogacy arrangement outside the United States. 

Before any gestational surrogacy arrangement proceeds, there must be a binding and enforceable contract between the gestational carrier and the commissioning parent(s). The contract must reflect a meeting of the minds, where all parties collaborate to reach a common goal. Generally, the contract will cover financial issues, including insurance and escrow accounts, confidentiality, privacy, jurisdiction, statutory requirements, and parental rights..  

Gestational Surrogacy for Single Parents and Same-Sex Couples 

Gestational carrier options are available to single intended parents and couples, regardless of gender identity or sexual orientation. Since laws vary greatly by state and different family formations may necessitate different legal requirements, it is essential to consult with an experienced attorney who can make sure that every base is covered.

Some commissioning parents may require an egg or sperm donor. In this case, egg or sperm donation agreements will also need to be secured between the parties.

In some cases, the commissioning parent(s) may need to legally adopt the child. For example, if the child is genetically unrelated to one or either of the parents, adoption may be required to ensure parental rights.

Are you considering becoming a gestational carrier?

Choosing to be a gestational carrier is a supremely generous and rewarding act. A gestational carrier can help intended parents realize dreams that might otherwise be unobtainable.  We can provide legal representation to protect the rights, health, and assets of gestational carriers while providing guidance and education regarding their responsibilities. 

Among the services that we offer:

  • Drafting, review, and negotiation of surrogacy contracts

  • Representation for both surrogates and commissioning parents

  • Consultation on state laws governing surrogacy

  • Guidance on considerations with international surrogates/agencies

  • Establishment of associated escrow accounts


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