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Rules: A critical consideration in GSAs

On Behalf of | Dec 28, 2020 | Firm News |

Having a baby through gestational surrogacy is often a complex process – but it is incredibly rewarding. It is an option that can help couples achieve their dream of becoming parents.

However, there are many things to consider when approaching this process, especially when it comes to crafting the gestational surrogacy agreement (GSA).

Don’t overlook the little things when it comes to instructions

The GSA has several purposes. It covers the essential issues related to the surrogacy, including your parental rights as intended parents and the financial matters. The agreement is an essential step of this process to secure these details and your rights.

However, you can also include certain instructions in the agreement. It is critical to remember that any instructions must be reasonable, but it is common for intended parents to include instructions regarding:

Including restrictions like this can help protect the fetus during the pregnancy, as well as in the long run.

Carefully consider terms for medical care too

While it might seem straightforward during pregnancy, it is also important to address instructions for medical care in the GSA as well. Parents might consider including an agreement for their surrogate to:

  • Attend the usual prenatal check-ups
  • Consent to medical tests requested, including physical or psychological exams
  • Follow instructions laid out by their medical provider or OB-GYN

The GSA should also address how all parties – including the intended parents and surrogate – will approach important medical decisions. This is a critical matter to ensure everyone is on the same page if they face an unexpected event or emergency.

Parents should not overlook the importance of including specific conditions or instructions in the GSA to protect their child. However, it is often beneficial to consult an experienced attorney when crafting a GSA to ensure your best interests are secure.