Surrogate and Gestational Carrier Legal Services

Jennifer Fairfax LLC provides independent legal representation for Gestational Carriers in Maryland, District of Columbia and Virginia.

Our lawyers have represented hundreds of Gestational Carriers over the years and are experienced at review, negotiation and preparation of legal agreements and other necessary documents on behalf of Gestational Surrogates.  If you are working with a surrogacy matching program, you are entitled to an attorney to represent your interests in the process.  Our firm provides that independent legal representation during the process.  

As a Gestational Carrier, you should speak with an attorney prior to signing up with a matching program and if you are later matched, the attorney can continue to represent you in the negotiation of your legal contract, the birth order process and assist in answering questions during the pregnancy.  The lawyers at Jennifer Fairfax LLC have decades of experience representing gestational carriers who work with other local attorneys and matching programs as well as out of state programs.  The choice to become a gestational carrier or a gestational surrogate requires serious thought, commitment of time, energy, and emotion.

What is the difference between traditional and gestational surrogacy?

A gestational carrier or surrogate is a woman who carries a child conceived through the process of in-vitro fertilization utilizing the egg and sperm of either the intended parents and/or an egg donor or a sperm donor. This is different from a traditional surrogate who supplies the egg and is the biological mother of the child she carries and delivers.

Gestational Carriers usually must meet certain requirements.  Click here to learn more

  • Be between 21 and 42 years of age
  • Have had at least one child of her own
  • Be financially stable: no food stamps or similar assistance
  • Have support from her family and others close to her for the decision to be a gestational surrogate
  • Enjoy being pregnant and have had healthy, normal pregnancies and deliveries in the past
  • Have no serious medical problems
  • Have had no pre-term deliveries before 36 weeks, unless she delivered multiples
  • Be a non-smoker
  • Not use illegal substances
  • Have a body mass index (BMI) of less than 35 (may need to be lower in particular IVF centers)
  • Be a resident of a surrogacy-friendly state 
  • Have reliable transportation and be willing to travel, if necessary, for screening, matching with intended parent, and medical testing
  • Be willing to undergo medical and psychological evaluations, and any spouse/significant other should be willing to undergo the same
  • Have no criminal history
  • Have a desire to help others create a family
To become a gestational carrier or a surrogate, there are initial screenings, interviews as well as medical and psychological testing.  A Gestational Carrier has a right to speak to an attorney prior to the process getting underway and should request one from the matching program.  Ethical programs who utilize best practices will refer you to an attorney who advise you.  In these cases, the program or Intended Parents should offer to cover the fee for the initial consult.


The Gestational Carrier Agreement should address the following issues: parental rights, custody, location of delivery, choice of law, future contact, health insurance, medical decisions, payment of medical bills, liability for medical insurance and complications, compensation (if allowed), lost wages (if allowed), legal fees, child care, housekeeping, maternity clothes, life insurance, information about medical history, doctors visits and the participartion of the parties thorughout the process.  

If you are interested in becoming a Gestational Carrier, complete the contact request form.  Jennifer offers phone consultations and will review with you the legal options to be a Gestational Carrier in the State of Maryland, District of Columiba or the Commonwealth of Virginia.  Jennifer can assist you in how to locate an ethical matching program or Intended Parents that matches your preferences.  Gestational carriers and surrogates are customarily reimbursed their reasonable medical and living expenses which range, on average between $25,000 and $35,000.

Jennifer Fairfax LLC does not "match" Gestational Carriers with Intended Parents.  On occassion we will have clients looking to match with a Gestational Carrier privately and will introdcue you to them and if you decide to work with them, the firm will refer you to another attorney to provide the legal services for you through the process.  

Surrogacy in Maryland [The Complete Guide]

We want to make your surragcy process smooth and successful.  CLICK HERE>> to read about the 7 steps of the Maryland Surrogacy process.  We also offer guides for specific cities:

Baltimore  |  Frederick  |  Rockville

Surrogacy in Washington, D.C. [The Complete Guide]

There's a lot to learn about the Wasington, DC surrogacy process.  We can help. 

CLICK HERE>> to read about the 7 steps of the Washington DC Surrogacy process. 

Surrogacy in Virginia [The Complete Guide]

It's easy to feel unsure of where to start your Virginia surragcy process.  We can help.  CLICK HERE>> to read about the 7 steps of the Virginia Surrogacy process.  We also offer guides for specific cities:

Virginia Beach  |  Fairfax  |  Richmond

“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax