What is a gestational agreement?

A gestational agreement is a type of adoption law that is specific to the state of Virginia. It is an agreement between two parties in which one party agrees to carry a child of the other party, to term. It is a type of surrogacy agreement in which the mother carrying the child is called a gestational carrier. The intended parent, or the party who contracted with the gestational carrier, is the child’s legal parent at birth. This type of adoption is regulated by the state of Virginia and can be arranged through a third-party, gestational carrier agency. A gestational agreement allows a couple to have a child even if one does not have the ability to use their own eggs and/or sperm. It allows the couple to use donated eggs, sperm, or both, to make an embryo, and the gestational carrier carries the baby to term and relinquishes all parental rights. After the birth, Virginia law states that the intended parent(s) is granted full parental rights, with the gestational carrier having no legal rights or responsibilities as the parent. The process is designed to be as safe and secure as possible for all parties involved.

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