GESTATIONAL CARRIER ARRANGEMENT
The Gestational Carrier Agreement contains all of the terms of an intended parent’s arrangement with a gestational carrier. The agreement addresses a wide variety of issues including the term of the arrangement, following medical instructions, confidentiality, health and life insurance, abortion and selective reduction, and reimbursements. My office will take the time to get to know you, your circumstances and your concerns so that the agreement we draft and negotiate on your behalf addresses your needs and protects your interests as you move forward on your family building experience.
Gestational Carrier Agreement
I draft the gestational carrier agreement and negotiate with gestational carrier’s attorney. This process can be completed within a week or two depending upon all parties’ availability. I review the gestational carrier’s health insurance to determine coverage for the pregnancy. I like to do this before the gestational carrier agreement is signed, if possible. (there may be an exclusion for surrogate pregnancy or gestational carrier pregnancy). Once they are confirmed pregnant, I coordinate with counsel who will establish the intended parents’ legal parentage. This begins at the end of the first trimester.
Escrow Services for Intended Parents
I manage an escrow account in connection with the gestational carrier agreement, sending out payments consistent with the gestational carrier agreement. The escrow account is usually in place almost as soon as the intended parents and gestational carrier are matched and even before the gestational carrier is medically screened and approved by the fertility clinic. This is because the screening costs are paid by the intended parents through the escrow account.
Representation of Gestational Carrier
I review the gestational carrier agreement on behalf of the gestational carrier. We will review together, discuss terms, and I will negotiate any revisions necessary to protect her interests. This negotiation occurs after the gestational carrier is medically screened and approved. I will review and can schedule a meeting within just a day or two or receiving the agreement from the intended parents’ attorney.
Establishing Legal Parentage
I can prepare the paperwork necessary to establish the Intended Parents’ legal parentage in the States of New York and New Jersey. My services include drafting and filing the paperwork as well as any court appearances, if necessary. This process would begin at the end of the first trimester of pregnancy.