Gestational Surrogacy

There is no legal prohibition against a woman carrying a child for intended parents so long as she does not receive any compensation for doing so. Because of this, there are many heartwarming examples of successful surrogacy arrangements between close relatives or friends where the surrogate has received no compensation beyond legally permissible expenses including the cost of the medical procedures and legal counsel.

Important legal issues must be confronted in every case where Gestational Surrogacy is contemplated, even if no fees are involved. Because all such arrangements carry the potential risk that the surrogate could challenge the intended parents’ right to legal recognition of their parental status, such arrangements should be undertaken only after all participants in the process have received expert legal counsel.

 

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