Thoughtful Surrogacy Law

As medical science advances, the laws surrounding surrogacy agreements and gestational carrier contracts race to keep up. Laws vary from state to state, but you can depend on clear guidance when you choose Johnson & Pauls Lawyers.

In our offices, you will work with an attorney experienced in surrogacy and gestational carrier matters. We will help you understand the relevant laws. For a low-cost consultation about gestational carrier contracts and surrogacy, please call our office at 715-838-2889.

Understanding Surrogacy Law

Even a brief summary reveals how complicated surrogacy laws can be. From state to state, those laws vary significantly.

Surrogacy contracts are permitted in only 6 states.
  • Gestational surrogacy only — Arkansas, California, Illinois
  • Uncompensated surrogacy agreements only — Massachusetts, New Jersey, Washington
Surrogacy agreements are prohibited in 11 states and the District of Columbia, although the limitations vary.
  • Prohibited for all unmarried couples — the District of Columbia (Wahington, D.C.) and Florida
  • Traditional surrogacy prohibited — Indiana and Louisiana
  • Compensated surrogacy agreements prohibited — Michigan and Nebraska
  • Surrogacy for all unmarried couples prohibited — Nevada, New York, North Dakota, Texas, Utah, and Virginia
For a complete explanation of Wisconsin's surrogacy laws, please visit us.
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Comprehending Gestational Carrier Contracts

A gestational carrier contract is a legal agreement between the intended parents of a child and a gestational carrier and her partner or spouse (if any). Contracts may be compensated or uncompensated, and they address a variety of important legal issues.
  • Parties' rights, obligations, intentions, and expectations in connection with their arrangement
  • Parental rights
  • Custody issues
  • Location of delivery
  • Future contact between the parties
  • Insurance (both health and life)
  • Control over medical decisions during the pregnancy
  • Payment of medical bills
  • Liability for medical complications
  • Availability of medical history and personal medical information on the gestational carrier
  • Intended parents' presence during doctor's visits and at the delivery
  • Financial considerations
  • The gestational carrier's compensation and expenses
  • Lost wages
  • Legal fees
  • Child care
  • Maternity clothes
It is typically created once the intended parents and the gestational carrier have completed medical testing and screening. A well-written gestational agreement is a complex legal document, and it is unwise to move ahead without one. To protect your interests, please call Johnson & Pauls Lawyers at 715-838-2889.
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