This relatively new area of Louisiana law provides a means by which prospective parents and their gestational carrier, or “surrogate,” can seek court approval for the gestational carrier, or “surrogacy” process. The parents and the surrogate must sign a Gestational Carrier Contract prior to the carrier/surrogate attempting to become impregnated. These contracts must be approved by a Judge prior to the in-utero transfer being performed, pursuant to very specific requirements in the law. Our lawyers at Guillory Hargrave & LaCombe have successfully navigated this process on behalf of clients seeking to grow their family through surrogacy. Contact our office for a consultation if you are considering entering into a Gestational Carrier Contract, whether you are a prospective parent or a potential carrier/surrogate.
The following is a list of helpful definitions and information found in the laws:
“Gestational carrier”: Commonly referred to as a “surrogate.” This is the person who will have the embryo created by the intended parents’ gametes implanted in them in an attempt to become pregnant and give birth to the parents’ child. The carrier must be between 25 and 35 years of age and have given birth to at least one child previously. The carrier is required to attend counseling before the implantation of the embryo and after the birth of the child. If the carrier is married, her spouse must also consent to the process and sign the Gestational Carrier Contract.
“Gestational Carrier Contract;” The legal document which specifically outlines what the intended parents and the carrier agree to, what their rights are, and what their obligations are. Thecarrier may not be paid to carry the intended parent’s child, except for the specific expenses listed in the law that are related to the contract or pregnancy, such as medical and travel expenses, counseling costs, and lost wages.
“In-utero embryo transfer”: The process by which the fertilized embryo of the intended parents is implanted into the uterus of the carrier. Multiple transfers may be attempted until a live birth occurs under the Gestational Carrier Contract.
“Intended parent(s)”: The people whose gametes (egg and sperm cells) will be fertilized to create an embryo. These people will be the legal parents of the child if one is born. One of the requirements for the intended parents is that they have a valid Last Will & Testament or other succession plan providing for custody of the child in the event that the parents pass away before the child is born. Our lawyers at Guillory Hargrave & LaCombe can draft these documents for you as well.
“Medically necessary:” The intended mother’s obstetrician/gynecologist is required to sign an Affidavit certifying that a gestational carrier is medically necessary to assist in reproduction. This doctor must have been treating the mother for a period of time such that they are competent to reach medical conclusions about the mother’s condition. The law defines “medically necessary” as meaning that “the intended mother has been diagnosed to be infertile, or to have a physical condition such that a pregnancy would create serious risk of death or substantial and irreversible impairment of a major bodily function beyond the risk customary to pregnancy and childbirth.”
“Proceeding to approve Gestational Carrier Contract:” The hearing which is held before a Judge to present evidence that the requirements of the law have been met, and to ask the Judge to approve the Gestational Carrier Contract. This is a closed hearing, meaning that no one but the parents, carrier, your attorney, and the court staff can be present. If you wish for a family member or friend to attend the hearing, the law does allow the parties to request that the Judge allow such attendance. This is not a contradictory proceeding, meaning that you will only be answering questions from your own lawyer, and no one will be cross examined or try to prevent you from getting approval for the contract.
“Records checks”: The law requires that both intended parents, the carrier, and the carrier’s spouse if she is married, submit to background checks by the Louisiana Bureau of Criminal Identification and Information, Federal Bureau of Investigation, the Louisiana Department of Children and Family Services, and the Louisiana Protective Order Registry. These checks will reveal if any of the parties has any history of criminal activity, validated complaints of child abuse, or protective orders issued against them. This is intended to aid the Judge in deciding whether there is any risk of harm to the child or the carrier.
If you are considering adding to your family using the surrogacy/gestational carrier procedure, or if you are considering being a surrogate for someone, our attorneys at Brad Guillory Law can answer your questions and guide you through the process.