Quick answer
A gestational carrier agreement protects everyone involved in a surrogacy journey: it memorializes that the intended parents will be the legal parents and confirms the gestational carrier is not responsible for the child. Fertility clinics require a legal clearance letter based on this contract before embryo transfer.
What does a gestational carrier agreement cover?
The agreement roadmaps the specific journey ahead, addressing the parties involved, medical providers, embryo formation, the number of planned transfers, carrier compensation and payment schedule, health and life insurance, conduct during pregnancy, future contact, travel, and privacy. It also addresses more difficult subjects up front — termination or selective reduction, divorce, life support, DNA testing, and what happens if a party breaches the agreement.
Why is legal clearance required before embryo transfer?
A gestational carrier contract is not about one party controlling another — it protects everyone. It memorializes that the intended parents will be the legal parents of the child, and confirms that the gestational carrier (and her spouse or partner, if applicable) is not responsible for the child. Fertility clinics require a letter of legal clearance from the attorneys involved before they will perform the embryo transfer.
What should gestational carriers know before signing?
Take the time to slow down and confirm the agreement protects you financially and emotionally, even when your goal is to help someone build their family.
How long does the contract phase take?
The legal contract phase typically takes four to six weeks. Drafting usually starts after the carrier is medically cleared, but the clinic will not begin medications until the contract is complete, so it’s worth not rushing terms just to speed up the transfer.
Read our surrogacy overview or contact Building Families.
Frequently Asked Questions
What is a gestational carrier agreement?
A legal contract between intended parents and a gestational carrier that establishes intended parentage, outlines compensation and medical terms, and protects both parties throughout the surrogacy journey.
Is everything in the contract negotiable?
Not necessarily, as some terms may already be set by the agency match. Building Families can help you understand what's open for negotiation in your specific agreement.
How long before we can start fertility medications?
The clinic will not begin medications until the gestational carrier agreement is complete, which typically takes four to six weeks to finalize.
What happens if there's a disagreement during the contract phase?
The parties negotiate the terms of the agreement with the help of their respective attorneys during the contract phase. The agreement is not signed unless or until all parties agree to the terms.
The information contained here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.