What is a gestational agreement?

A gestational agreement is a contract between an intended parent or parents and a gestational carrier (also known as a surrogate) in which the gestational carrier agrees to become pregnant through in-vitro fertilization and to carry the pregnancy to delivery, with the intent of giving up the child to the intended parent or parents. In California, gestational agreements are regulated by the Uniform Parentage Act, which sets out the legal conditions under which the gestational agreement must be made and how the parties must work together to ensure that the intended parents are recognized as the legal parents of any child born as a result of the agreement. In California, it is also important to note that a gestational agreement must be in writing and must be approved by a court before it is legally binding.

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