What must happen for a gestational agreement to be valid?

For a gestational agreement to be valid, it must be approved by the court. In New York, the law requires that such agreements adhere to specific legal standards to ensure that the rights and responsibilities of all parties involved—particularly the surrogate and the intended parents—are clearly defined and protected.

Court approval serves as a safeguard to confirm that the agreement complies with legal requirements and that the surrogate understands and consents to the arrangement. It also helps to mitigate potential disputes by providing a clear legal framework within which the gestational arrangement operates.

The need for court approval is particularly critical in family law, where the rights of biological parents and surrogates can intersect in complex ways. The approval process is designed to ensure that ethical considerations are taken into account, affirming that the surrogate is not being exploited and that the process is transparent and in the best interests of any resulting children.

Other options do not reflect the requirements for a valid gestational agreement in New York. While multiple parties may need to be involved in the agreement, and medical considerations are important, and the financial aspects of surrogacy can influence decisions, court approval is the definitive step that establishes a legally binding and enforceable agreement.