What is a gestational agreement?

A gestational agreement is a legal agreement that governs the formation of a parent-child relationship when a person other than the biological parent will become the child’s parent by adoption. Gestational agreements are generally used in the state of Texas for a third-party to become the parent of a child through a surrogacy arrangement. In this arrangement, the gestational agreement outlines the legal relationship between the biological parents, the gestational carrier (the person who will carry the child to term), and the intended parents (those who will adopt the child). Gestational agreements are regulated by the Texas Family Code and are generally used when intended parents are unable to conceive a child naturally. It sets out the expectations of each party to the agreement as well as their legal rights and responsibilities. The agreement outlines the rights and responsibilities of the gestational carrier, including what will happen in the event the carrier cannot complete the pregnancy, as well as the rights and responsibilities of the intended parents with regards to the child. These agreements will typically address topics such as medical care, fees, compensation, and termination. Once the child is born, the gestational agreement will be considered a legal contract and can be enforced by a court of law if any of the parties fail to fulfill their obligations. But it is important to note that adoption of the child is still required for the intended parents to be considered legal guardians and have parental rights over the child.

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What is a gestational agreement?

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