Yes, both you and the surrogate will be required to sign a gestational carrier agreement.
A gestational carrier agreement is a contract between the intended parents and a gestational carrier (and her partner/spouse). The contract details each party’s rights, obligations, intentions, and expectations in connection with their arrangement.
The contract addresses topics including the location of delivery, future contact between the parties, parental rights, custody issues, control over medical decisions during the pregnancy, intended parents’ presence during delivery, payment of medical bills, liability for medical complications, health and life insurance, and more. Financial considerations, including the carrier’s compensation and reimbursements, including lost wages, child care, legal fees, maternity clothes, and more, are also addressed in the gestational carrier agreement.
The gestational carrier agreement is drafted by Yifat Shaltiel, Esq. of Surrogate Steps, but the intended parents and the gestational carrier must be independently represented by an attorney specializing in surrogacy law throughout the negotiation process of this contract. This ensures that all parties have a complete understanding of their rights and responsibility to the other parties.
Both attorneys are compensated by the intended parents.