• Surrogate and Gestational Carrier Legal Services

    ADOPTIVE FAMILY SERVICES

    Surrogate and Gestational Carrier Legal Services

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Our lawyers have represented hundreds of Gestational Carriers over the years and are experienced at review, negotiation and preparation of legal agreements and other necessary documents on behalf of Gestational Surrogates.
Modern Family Formation Law Offices provides independent legal representation
for Gestational Carriers in Maryland, District of Columbia and Virginia.

If you are working with a surrogacy matching program, you are entitled to an attorney to represent your interests in the process. Our firm provides that independent legal representation during the process. 


As a gestational carrier, you should speak with an attorney prior to signing up with a matching program. If you are later matched, the attorney can continue to represent you in the negotiation of your legal contract and through the birth order process. The attorney can also assist in answering questions during the pregnancy. Our attorneys have decades of experience representing gestational carriers who work with other local attorneys, matching programs and out-of-state surrogacy arrangements. The choice to become a gestational carrier or a gestational surrogate requires serious thought, commitment of time, energy and emotion. We would be honored to assist you with your arrangement.



  • What is the difference between traditional and gestational surrogacy?

    A gestational carrier or surrogate is a woman who carries a child conceived through the process of in-vitro fertilization utilizing the egg and sperm of either the intended parents and/or an egg donor or a sperm donor. This is different from a traditional surrogate who supplies the egg and is the biological mother of the child she carries and delivers.

  • Gestational Carriers usually must meet the following certain requirements.

    • Be between 21 and 42 years of age
    • Have had at least one child of her own
    • Be financially stable: no food stamps or similar assistance
    • Have support from her family and others close to her for the decision to be a gestational surrogate
    • Enjoy being pregnant and have had healthy, normal pregnancies and deliveries in the past
    • Have no serious medical problems
    • Have had no pre-term deliveries before 36 weeks, unless she delivered multiples
    • Be a non-smoker
    • Not use illegal substances
    • Have a body mass index (BMI) of less than 35 (may need to be lower in particular IVF centers)
    • Be a resident of a surrogacy-friendly state 
    • Have reliable transportation and be willing to travel, if necessary, for screening, matching with intended parent, and medical testing
    • Be willing to undergo medical and psychological evaluations, and any spouse/significant other should be willing to undergo the same
    • Have no criminal history
    • Have a desire to help others create a family

How to Become a Gestational Carrier or a Surrogate

To become a gestational carrier or a surrogate, there are initial screenings, interviews, and medical and psychological testing. A gestational carrier has a right to speak to an attorney prior to beginning the process and should request one from the matching program. Ethical programs that utilize best practices will refer you to an attorney to advise you. In these cases, the program or intended parents should offer to cover the fee for the initial consult.

 

The gestational carrier agreement should address the following issues: parental rights, custody, location of delivery, choice of law, future contact, health insurance, medical decisions, payment of medical bills, liability for medical insurance and complications, compensation (if allowed), lost wages (if allowed), legal fees, child care, housekeeping, maternity clothes, life insurance, information about medical history, doctors visits and the participation of the parties throughout the process. 

If you are interested in becoming a gestational carrier, complete the contact request form. The firm offers phone consultations and will explain the legal options to be a gestational carrier in the State of Maryland, District of Columbia or the Commonwealth of Virginia. We can assist you in locating an ethical matching program or intended parents that matche your preferences. Gestational carriers and surrogates are customarily reimbursed their reasonable medical and living expenses, which average between $35,000 and $50,000.


Our law firm does not match  gestational carriers with intended parents. On occasion, we will have clients looking to match with a gestational carrier privately and will introduce you to them. If you decide to work with them, the firm will refer you to another attorney to provide legal services for you through the process.

Complete Guides to Surrogacy

SURROGACY IN MARYLAND
(The Complete Guide)

We want to make your surrogacy process smooth and successful.  CLICK HERE→  

to read about the 7 steps of the Maryland Surrogacy process. We also offer guides for specific cities:

BALTIMORE | FREDERICK | ROCKVILLE

SURROGACY IN VIRGINIA
(The Complete Guide)

It's easy to feel unsure of where to start your Virginia surrogacy process. We can help.  CLICK HERE→ to read about the 7 steps of the Virginia Surrogacy process. We also offer guides for specific cities:

FAIRFAX | RICHMOND | VIRGINIA BEACH

SURROGACY IN WASHINGTON, D.C. (The Complete Guide)

There's a lot to learn about the Washington, DC surrogacy process.
We can help. 

CLICK HERE→ to read about the 7 steps of the Washington DC Surrogacy process.