What is a gestational agreement?

A gestational agreement, sometimes called a gestational carrier agreement, is a legal agreement between a birth mother and a prospective adoptive family in Colorado. This legal agreement is created when a woman agrees to be a gestational carrier for the adoptive family. In this arrangement, the carrier agrees to carry a fertilized embryo and give birth to a child that will be adopted by the family. The key distinguishing feature of a gestational agreement is that the carrier does not become the adoptive parent and retains no legal rights to the child. The carrier acts as a surrogate for the adoptive family, carrying the child until birth, and then giving the child to the adoptive parents. In Colorado, gestational agreements are governed by the Uniform Parentage Act. This act sets out the legal requirements for gestational agreements. It also sets out the rights and obligations of the involved parties. In particular, the act states that a gestational agreement may not involve monetary exchanges or anything of value to induce the carrier to enter into the agreement. Overall, gestational agreements are a way for birth mothers and adoptive families to form a legal understanding about the adoption process. A gestational agreement can be an important part of a successful adoption.

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