Gestational Surrogacy


gestational_surrogacy1When a couple is unable to have a child due to medical reasons, they oftentimes will turn to the medical technology of assisted reproduction and a gestational surrogate for help in carrying a child through pregnancy and birth. A gestational surrogate or gestational carrier is a woman who carries a child conceived through assisted reproductive procedures. A gestational surrogate is not biologically related to the child she delivers. Thus, gestational surrogacy makes the dream of having a child come true for many families who otherwise cannot create a family on their own.


Each state is different when it comes to the laws involving surrogacy.  Some states allow gestational surrogacy, other states do not.  There are even states where surrogacy has yet to be addressed. 


In 2005, the Utah State Legislature created Utah’s Gestational Agreement statute authorizing the use of written and court validated gestational agreements between a married couple and a prospective gestational surrogate. Since then, Mr. Davenport has represented numerous Intended Parents from both the United States and abroad, as well as local gestational surrogates in assisting them throughout this personal, confidential and sensitive legal process. Mr. Davenport’s expertise and passion for this area of the law developed as a result of he and his wife’s own personal experiences with infertility.

If you are considering the use of a gestational surrogate or you are deciding whether to become a gestational surrogate, it is important that you are provided comprehensive information about the area of surrogacy law so that you can make well informed decisions prior to entering into the emotional laden and confusing surrogacy process.             


Mr. Davenport provides the following services to his clients:


· Negotiating and drafting the gestational agreement.

· Reviewing and advising the parties concerning their rights and responsibilities under a gestational agreement.

· Managing the contractual funds and timed release of the gestational carrier’s compensation.

· Preparing all required court documents.

· Representing the Intended Parents or the Gestational Carrier at all required court proceedings.

· If necessary, referring parties to other professionals involved in the gestational surrogacy process.

· Working with hospital staff and state agencies to ensure the child's birth certificate is completed in accordance with the court’s order.

· Providing any additional legal services that may be necessary.


If you are interested in receiving more information about surrogacy law, please contact us to arrange for a free consultation.