gestational surrogacy agreement

How to Enforce a Gestational Surrogacy Agreement in California When the Surrogate Changes Her Mind After Birth

Assisted Reproductive Technology / Jack Gilbert

In California, a properly executed gestational surrogacy agreement—paired with a parentage order—generally determines legal parentage even if the surrogate later wants to keep the baby. California’s statutory framework and courts strongly favor enforcing written ART agreements that meet required formalities. This article explains the fastest enforcement steps, likely court remedies, common defenses, and how to […]

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How to Enforce a Gestational Surrogacy Agreement in Illinois When the Intended Parents Divorce Before Birth

Illinois law generally makes a gestational surrogacy contract enforceable even if intended parents divorce before birth, because parentage is established by statute and court order—not marital status. Divorce, however, often triggers urgent disputes about decision-making, payment obligations, and entry of parentage orders. This article explains how Illinois enforces gestational surrogacy agreements, what changes when a