The first step is to identify a gestational carrier. Most of the time, the intended parents have identified a person that is willing to serve as a gestational carrier. If not, there are organizations that can help you locate a gestational carrier.
The next step is to negotiate and draft the Gestational Carrier Agreement (GCA). The gestational carrier Agreement defines and regulates the rights and obligations between the intended parents and the gestational carrier.
After the GCA is signed, the doctors take over. They will obtain the sperm and egg, create the embryo, implant it, and diagnose the pregnancy.
Around mid-pregnancy, an attorney will draft the documents necessary to obtain a pre-birth order from the Court. The pre-birth order makes it clear that the child is the intended parents’, not the gestational carrier’s.
The finalized pre-birth order is sent to the hospital, the intended parents, the gestational carrier, and the Department of Vital Statistics.
After the baby is born, the intended parents are identified as the child’s parents on all documents (most importantly, the birth certificate).