What is a gestational agreement?

A gestational agreement is a legal contract in Pennsylvania that establishes the relationship between a woman who carries a baby to term (the surrogate) and the intended parents. This agreement is used in gestational surrogacy, which is when a surrogate mother carries a baby that she has no genetic connection to. This method of surrogacy is becoming increasingly common, particularly among couples who are unable to conceive naturally or through in-vitro fertilization. The gestational agreement outlines the rights and responsibilities of all parties involved and sets forth the expectations of each. The agreement should address the surrogate’s compensation, the legal process for establishing parental rights, the medical care and reimbursement of costs, and other important details. Generally, the intended parents are responsible for the surrogate’s medical costs, living expenses, and legal fees associated with the gestational agreement. In Pennsylvania, it is important for all parties involved in the gestational agreement to consult with legal counsel to ensure that their rights and interests are properly addressed. Once all the details have been agreed upon, the agreement must be approved by a court and signed by the surrogate and the intended parents. After the baby is born, the birth parents must legally terminate their rights so that the intended parents can begin the process of formally adopting the child.

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What is a gestational agreement?

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