What Is a Gestational Carrier Agreement — And Why You Can’t Skip It
A Gestational Carrier Agreement (GCA) is the single most important legal document in any surrogacy arrangement. It is a legally binding contract between the intended parent(s) and the gestational carrier that governs every aspect of the surrogacy relationship — from medical decision-making to compensation, from expectations during pregnancy to what happens in the event of unforeseen complications.
Many people entering surrogacy assume that a “template” agreement found online, or a generic contract from an agency, will suffice. This is one of the most common and costly mistakes I see in my practice. A properly drafted GCA must be tailored to the specific facts of the arrangement: the state (or states) involved, the carrier’s marital status, insurance coverage, the number of embryos being transferred, and teach parties specific wishes.
At minimum, a comprehensive GCA should address:
- Compensation and expense reimbursement — base fee, monthly allowance, medical expense coverage, and lost wage reimbursement.
- Medical decision-making authority — who decides in the case of complications, and how disputes are resolved.
- Insurance verification — confirming the carrier’s health insurance covers surrogate pregnancy.
- Life insurance for the carrier — a policy naming her chosen beneficiary, in case of a worst-case outcome.
- Legal parentage provisions — laying the groundwork for the pre-birth or post-birth order.
- Independent legal representation — both parties must have their own attorney; a single attorney cannot ethically represent both sides.
Skipping or shortcutting this agreement doesn’t just create legal exposure — it can jeopardize the ability to secure a pre-birth or post-birth parentage order, delay the process of getting the baby’s birth certificate correctly issued, and in the worst cases, lead to custody disputes.
I have seen matches fall apart, hospitals refuse to release babies to intended parents, and carriers left without agreed-upon compensation — all because an agreement was rushed, incomplete, or not drafted by an experienced surrogacy attorney.
The GCA is not a formality. It is the legal backbone of the entire journey, and it deserves the same care and precision as any major contract you would sign in your life. Not only that, without a GCA, you do not have a legal surrogacy.
If you are beginning a surrogacy journey — as an intended parent or as a gestational carrier — do not sign anything until you have worked with an independent attorney experienced in reproductive law. Surratt Law Practice has the most experience in the State of Nevada with surrogacy. Call us to assist you in the process.
Kim Surratt
