Becoming a Gestational Surrogate

BECOMING A GESTATIONAL SURROGATE

​If you are interested in becoming a Gestational Surrogate it is important to understand the legal aspects of the process in the state in which you reside.  You have the right to be represented by an attorney throughout the process and Washington State now requires that you have independent legal representation, meaning an attorney who works solely on your behalf, not on behalf of the Intended Parents.  The Intended Parents will be responsible for your attorney fees.

Compensation For A Gestational Carrier?

Washington and Idaho

Washington

In Washington (beginning January 2019) and Idaho the Gestational Surrogate can be compensated for carrying a child to term.  The compensation is negotiated between the Intended Parents, Gestational Surrogate, and their attorneys.  Funds are placed in escrow and distributed to the Gestational Carrier at different stages in the pregnancy.   Intended Parents also pay expenses related to the pregnancy and birth including out of pocket medical expenses, maternity clothing, lost wages, counseling, any costs associated with the procedure, and attorney fees.  

Idaho

There is presently no statute governing Idaho surrogacy but good practice would suggest following the same basic guidelines outlined under Washington law.  

 

Who May Act As A Gestational Surrogate?

Washington

To qualify as a gestational surrogate you must:

a) Be at least 21 years old; 

b) Have previously given birth at least once; 

c) Have NOT entered into more than two surrogacy agreements that result in the birth of children; and

d) pass medical and mental health screenings associated with the surrogate pregnancy.

ATTORNEYS FOR THE INTENDED PARENTS AND/OR SURROGATES MAY NOT ACT AS BROKERS

If you have been matched with Intended Parents, either through a personal connection, support groups, or a surrogacy agency/broker, Jill Hogberg at the Law Office of Mark R. Iverson, P.S. is happy to represent your legal interests in the surrogacy process.  By law, we cannot broker (facilitate) the matching of Intended Parents with Surrogates.  If you are interested in being represented in a gestational surrogacy contract, contact Jill at 509-462-3678 or 800-338-8273 or via email at jill@adoptionlegalservices.org.