By Kendall Albert

Surrogacy is often a deeply personal and complex journey marked by significant emotional, financial, and legal considerations. One pivotal legal document underpins the surrogacy process: the gestational service agreement. Understanding this document is crucial for ensuring a smooth and legally sound surrogacy journey. If you are looking for general information regarding gestational agreements, you have come to the right place. Adoption and Surrogacy Choices of Kansas can support you in these aspects of your surrogacy journey. However, this information does not constitute legal advice. If you are interested in becoming a surrogate mother, we recommend you consult with an attorney for specific legal assistance. 

What Is a Surrogacy Agreement?

A surrogacy agreement, or gestational agreement, is a legal document that formalizes the relationship between the surrogate and intended parents. It encompasses many aspects of your surrogacy, such as:

• Medical procedures: The gestational agreement covers information and expectations regarding pregnancy and childbirth. This may include fertility treatments, prenatal care, and plans for the birth process itself. The contract may also specify how medical decisions will be made and who will bear the associated costs.
• Surrogacy compensation: Compensation for your surrogacy depends on many factors. These include your location, your surrogacy agency, the intended parents you select, and any potential surrogacy experience. That information will be outlined in your gestational agreement, covering aspects such as medical expenses, travel cost, and lost wages. 
• Legal rights and responsibilities: The gestational agreement defines the legal rights and responsibilities of all parties involved. This may include the surrogate’s rights during pregnancy, the intended parents’ rights, and the process for handling any potential disputes. It may also dictate the process for establishing legal parenthood.
• Termination and dispute resolution: Unforeseen circumstances can happen during your surrogacy. This is why the contract may include provisions for handling unexpected issues and terminating the agreement. 

Gestational contracts are usually drafted by the intended parents’ attorney after the intended parents have matched with a surrogate. You may then review the draft with your own attorney to ensure that you approve of all its terms. In some cases, your attorney may suggest revisions before you consent to the terms of the contract. Once all parties are satisfied with the agreement, you will sign the paperwork and the contract will become legally binding. Only after you have signed the contract will you be able to receive compensation and begin preparing for embryo implantation.

The Importance of Legal Counsel For Surrogates

Navigating surrogacy involves complex legal issues that can vary from state to state. If you want to become a surrogate mother, it is important to hire a knowledgeable attorney who specializes in surrogacy. Legal counsel should ensure that the gestational agreement complies with state laws, addresses all necessary legal considerations, and protects your interests. Ideally, your attorney will also draft and review documents, provide guidance on your rights and obligations, and assist in resolving potential disputes. 

Understanding state-specific regulations may help prevent legal complications and ensure that the gestational agreement is recognized and enforceable. A suitable attorney will be located in your state and knowledgeable in your state’s surrogacy laws. 

How Adoption and Surrogacy Choices of Kansas Can Help You

Do you need help finding an attorney in Kansas? In another state? Are you interested in learning more about surrogacy in general? We at Surrogacy Choices are here to help. Our goal is to guide our clients through the surrogacy process by directing you to licensed and local surrogacy agencies. We also provide resources and information regarding your options as a prospective surrogate. While we do not provide surrogacy services directly, we can give you a starting point and offer support along the way.

Trusted agencies may further help you with the specifics of your surrogacy, including your gestational agreement. If you are located in Kansas, specialists at Adoption and Surrogacy Choices of Kansas can provide counseling and information. They can match you with suitable intended parents and offer emotional support. In addition, they can place you in contact with experienced attorneys who will guide the legal aspects of your surrogacy. You can reach out to Adoption and Surrogacy Choices of Kansas by phone or on their website.

If you are located outside of Kansas, Surrogacy Choices may still be able to assist you. Agencies in our network are located all across the nation. Please visit our website for more information about our locations and the services we provide.

Overall, surrogacy is a journey that involves careful planning and consideration, particularly when it comes to legal documentation. Clients of Adoption and Surrogacy Choices of Kansas may benefit from the organization’s expertise in regards to navigating these difficult elements. By working with knowledgeable professionals and utilizing resources from our partner agencies, you can approach surrogacy with confidence and clarity.