Gestational Surrogacy Law Firm in Honolulu

Proper Surrogacy Agreement Creation is Crucial

A Gestational Carrier Agreement is a written legal agreement between intended parent(s) and a gestational carrier who agrees to carry a pregnancy for the intended parent(s), with the understanding that the gestational carrier will not be a legal parent of the child. In a gestational surrogacy arrangement, embryos are created through assisted reproductive technology and transferred to the gestational carrier, who carries the pregnancy on behalf of the intended parent(s). The embryos do not contain any genetic material from the gestational carrier, and therefore, she has no genetic relationship to any child conceived from the embryos.

At Fertility Connections Hawaii, we assist with Gestational Carrier Agreements involving Hawaii law and Hawaii parentage proceedings. We work closely with intended parent(s) and/or gestational carriers’ counsel, fertility clinics, agencies, escrow providers, and other professionals to help the parties move through the legal process with clarity and care. Our goal is to create a comprehensive agreement that supports the medical process, protects the parties, and provides a strong foundation for establishing the intended parent(s) as the child’s legal parent(s).

Agreement Creation

A well-drafted Gestational Carrier Agreement is one of the most important steps in the surrogacy process. It is not simply a “form” contract. Rather, it should be specifically tailored to the parties and their particular circumstances. It is the legal roadmap for the entire journey, addressing the rights, responsibilities, expectations, and decision-making authority of everyone involved before medical treatment begins, during pregnancy, at delivery, and after birth.

What Does It Cover?

These agreements typically address matters such as embryo transfer procedures, medical decision-making, pregnancy-related expectations, compensation and reimbursement, insurance coverage, lost wages, travel, bed rest, confidentiality, contact between the parties, delivery planning, hospital communications, parentage proceedings, and what happens in the event of unexpected medical complications. A critical element of the agreement is that it confirms the parties’ shared intent that the intended parent(s) will be the child’s legal parent(s), and that the gestational carrier, and her spouse or partner, if applicable, will not have any parental rights or obligations.

Current Hawaii Law

In Hawaii, gestational surrogacy is expressly addressed under Hawaii’s updated parentage law, which became effective January 1, 2026. When the statutory requirements are satisfied, the intended parent(s) may be able to obtain a court order establishing legal parentage without the need for an adoption. These requirements include, among other things, a surrogacy agreement that complies with the specific requirements of the statute. Each party must be represented by a separate, independent, licensed attorney of their choosing before the agreement is signed.

Please have the following info for your consultation:

• Name of your IVF Clinic & chosen IVF Physician.

• Name of your IVF agency (if you are working with one).

• Full name of other party (surrogate or donor) & name of their spouse.

• What stage you're at in your journey. Just exploring/matched/ready to proceed.

Because surrogacy involves deeply personal, medical, financial, and legal issues, the agreement should be carefully tailored to the specific circumstances of the parties in the jurisdiction that applies to their specific journey. A gestational carrier may live in one state, the intended parent(s) may live in another state or country, the fertility clinic may be located elsewhere, and the child may be born in a different jurisdiction. Each of those facts can affect the legal analysis. Surrogacy and parentage laws vary significantly from state to state and country to country, so it is important to work with legal professionals who understand the law in the relevant jurisdictions.

Should I have my own representation?

Separate legal representation is an essential part of the process. Although the intended parent(s) and gestational carrier are working toward the same goal, they do not have identical legal interests. The intended parent(s) need counsel to help protect their path to legal parentage, coordinate with the fertility clinic and agency, and ensure the agreement supports the parentage process. The gestational carrier needs her own attorney to review the agreement with her independently, explain her rights and obligations, and ensure she understands the medical, financial, and legal commitments she is making. This protects everyone involved and helps ensure the agreement is entered into knowingly, voluntarily, and with informed consent.

Jurisdiction-specific legal counsel is especially important because a surrogacy agreement that works in one state may not satisfy the requirements of another. A generic online form or agreement drafted without attention to the applicable law may create problems later, including delays in medical clearance, uncertainty at the hospital, or complications in obtaining a parentage order or birth certificate. When international intended parent(s) are involved, additional coordination may also be needed with immigration counsel or counsel in the intended parent(s)’ home country to determine how the child’s parentage, citizenship, passport, or travel documents will be recognized after birth.

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