What is a gestational agreement?

A gestational agreement is a legal agreement that is formed between intended parents and a gestational carrier. This type of agreement is used in Washington when intended parents choose to use a gestational carrier, also known as a gestational surrogate, to carry their child. This type of arrangement is different from traditional surrogacy as it does not involve the use of the gestational carrier’s egg. Under Washington law, a gestational agreement must be in writing and include the names of the intended parents, the gestational carrier, and any donor used in the process. The agreement must also indicate that the intended parents have no genetic relationship to the child and that the gestational carrier will have no parental rights to the child. It must also include additional requirements regarding the involvement of a doctor and that the gestational carrier will not be financially responsible for any of the expenses related to the pregnancy. Once signed, a gestational agreement is legally binding and must be filed with the court prior to the birth. With a gestational agreement, the intended parents can reassert their parental rights to the child after the gestational carrier gives birth. This is typically done through a court process known as adoption. In order for an adoption to be granted, the gestational carrier must give their consent. Once the adoption is finalized, the intended parents become the parents of the child and are therefore able to make all parental decisions.

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What is a gestational agreement?

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