Surrogacy Agreements

Gestational Carrier Agreements & Surrogacy Agreements

A Gestational Carrier Agreement or Surrogacy Agreement defines the rights and obligations of all parties involved in a surrogacy arrangement. This document serves as the basis for establishing the Intended Parents’ parental rights and for terminating any parental rights of the Gestational Carrier or Surrogate. A well-drafted Gestational Carrier Agreement acts as a roadmap for the entire surrogacy journey.

​What’s the difference?

A Gestational Carrier carries a child she is not genetically related to for the benefit of the Intended Parent(s). A Traditional Surrogate both provides the egg used in conception and carries the child for the benefit of the Intended Parent(s).

​Each state has different surrogacy laws.

In New York, Gestational Carrier Agreements are governed by the Child Parent Security Act. Surrogacy in New York requires the guidance of an experienced New York surrogacy attorney. New York surrogacy law is complex, with protections and requirements that must be followed throughout the surrogacy process.

​In Maine, Gestational Carrier Agreements are governed by The Maine Parentage Act. The Maine Parentage Act sets forth the requirements for a gestational surrogacy arrangement and eligibility requirements for gestational surrogates and intended parents entering into a gestational surrogacy arrangement.

​Oleaga Law LLC represents parties to independent gestational carrier arrangements and those planning surrogacy journeys with the assistance of a surrogacy agency. A qualified surrogacy agency can be invaluable to a smooth journey.

Janene Oleaga also has experience navigating the unique needs of international Intended Parents pursuing surrogacy in the United States.

Resources

• Call
• Email
• Gestational Carrier Contracts: What to Expect
• SHAPE magazine Surrogacy Article
• Surrogacy in New York
• New York Surrogates Bill of Rights
• Surrogacy in Maine
• How Does Surrogacy Work? From a 2x Surrogate
• 5 Surrogacy Misconceptions
• 3 Things Surrogates Want Intended Parents to Know

Surrogacy Agreements

Surrogacy is an extraordinary collaboration rooted in trust, empathy, and shared purpose. But behind every successful journey is a carefully crafted agreement that protects everyone involved and ensures clarity from the outset. At Oleaga Law, LLC, our surrogacy agreements lawyer helps intended parents, gestational carriers, traditional surrogates, and donors understand their rights and responsibilities so the entire experience feels grounded. Contact us today to schedule a time to speak with our distinguished attorney, Janene Oleaga, Esq. With offices in Maine and New York, we work with clients across our community, the U.S., and abroad.

A gestational carrier agreement or surrogacy agreement defines the rights and obligations of all parties involved in a surrogacy arrangement. This document serves as the basis for establishing the parental rights of the intended parents and for terminating any parental rights of the gestational carrier or surrogate. A well-drafted gestational carrier agreement acts as a roadmap for the entire surrogacy journey.

A gestational carrier carries a child she is not genetically related to for the benefit of the intended parent(s). A traditional surrogate both provides the egg used in conception and carries the child for the benefit of the intended parent(s).

In New York, Gestational Carrier Agreements are governed by the Child Parent Security Act. Surrogacy in New York requires the guidance of an experienced New York surrogacy attorney. New York surrogacy law is complex, with protections and requirements that must be followed throughout the surrogacy process. In Maine, Gestational Carrier Agreements are governed by The Maine Parentage Act. The Maine Parentage Act sets forth the requirements for a gestational surrogacy arrangement and eligibility requirements for gestational surrogates and intended parents entering into a gestational surrogacy arrangement.

Clients come to us because they want more than boilerplate contracts; they want support from a surrogacy agreement lawyer who provides clear and honest guidance. Whether you’re working with a surrogacy agency or navigating an independent arrangement, our firm will construct each agreement to reflect your goals, boundaries, and values. We have years of focused experience and know how to anticipate potential questions before they become major concerns.

For Solid Surrogacy Agreements, Experience Matters

If you’re working on reviewing your own surrogacy agreements, you’ll find that it’s a tricky matter to navigate without any legal experience. Because surrogacy laws and rules vary by state and the process is sensitive and personal, it’s in your best interest to consult a professional with seasoned expertise. At Oleaga Law, LLC:

• Our lead attorney, Janene Oleaga, has held leadership roles in national organizations that shape fertility law and family-building policy. She’s also been recognized on the 40 Under 40 list by Maine Business Journal.
• We represent parties of independent gestational carrier arrangements and those planning surrogacy journeys with the assistance of a surrogacy agency.
• With a concentration in International Law from the Maurice A. Deane School of Law at Hofstra University and licensure in Maine, New Hampshire, and New York, Janene is uniquely equipped to guide clients through cross-border surrogacy and family-formation matters with confidence and precision.
• Because we represent families of all backgrounds, we have an understanding of the unique needs of LGBTQ+ parents and non-traditional families.

Surrogacy is a profound partnership, and your agreement should be drafted with care, intention, and respect for everyone involved. At Oleaga Law, LLC, we are honored to put our experience to work by guiding intended parents and gestational carriers through each step of the legal process. Whether you’re beginning your surrogacy journey or preparing for the next stage, we’re here to help you. Reach out today to learn more.