Image by Anna Hecker

GESTATIONAL CARRIER AGREEMENTS

&
TRADITIONAL SURROGACY AGREEMENTS

We represent Intended Parents working with Gestational Carriers or Traditional Surrogates and Gestational Carriers who have matched with Intended Parents, either privately or through an agency.  

A Gestational Carrier is not genetically related to the child.

She carries an embryo or embryos created with the Intended Mother's egg or a Donor's egg and the Intended Father's sperm

or a Donor's sperm.  A Traditional Surrogate is a woman who uses her own eggs to conceive, with sperm from an Intended Father or a Donor.  A Traditional Surrogate is genetically related to the child.

 

The Gestational Carrier Agreement defines the rights and obligations of all parties.  This document is the basis for establishing the parental rights of the Intended Parents, and terminating any parental rights or proprietary interests of the Gestational Carrier.

In New York, Gestational Carrier Agreements are governed by the newly enacted Child Parent Security Act.  New York law prohibits traditional surrogacy arrangements as contrary to public policy.

In Maine, Gestational Carrier Agreements are governed by

Title 19-A, Chapter 61: Maine Parentage Act, Subchapter 8.

The Maine Parentage Act Title 19-A §1931 provides that a traditional surrogacy arrangement may only be entered into if the Traditional Surrogate is a family member of an Intended Parent.