---
title: "Growing Your Family: Gestational Carrier Agreements"
description: "Growing Your Family: Gestational Carrier Agreements"
---

[![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/)

- [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/)
- Our Team 
    - [Attorneys](https://goosmannlaw.com/attorneys/)
    - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/)
- Practices & Industries 
    - [Practices](https://goosmannlaw.com/practices/) 
          - [Banking & Finance](https://goosmannlaw.com/banking-finance/)
          - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/)
          - [Business](https://goosmannlaw.com/business/)
          - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/)
          - [Employment](https://goosmannlaw.com/employment-law/)
          - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/)
          - [Estate Planning](https://trustlawcounsel.com)
          - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/)
          - [International Law](http://goosmannlaw.com/international-law/)
          - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/)
          - [Local Counsel](https://http://goosmannlaw.com/local-counsel/)
          - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/)
          - [Rapid Response](https://goosmannlaw.com/rapid-response/)
    - [Industries](https://goosmannlaw.com/industries/) 
          - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/)
          - [Construction](https://goosmannlaw.com/construction/)
          - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/)
          - [Education](https://goosmannlaw.com/education/)
          - [Health Care](https://goosmannlaw.com/health-care/)
          - [Manufacturing](https://goosmannlaw.com/manufacturing-law/)
          - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/)
          - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/)
          - [Real Estate](https://goosmannlaw.com/real-estate/)
          - [Transportation](https://goosmannlaw.com/transportation/)
          - [Tribal](https://goosmannlaw.com/tribal/)
- Our Firm 
    - [Firm News](https://blog.goosmannlaw.com/firm-news)
    - Careers 
          - [Attorneys](https://goosmannlaw.com/careers/attorneys/)
          - [Administration](https://goosmannlaw.com/careers/administration/)
          - [Internships](https://goosmannlaw.com/careers/internships/)
    - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/)
    - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/)
    - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/)
    - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/)
    - [Firm History](https://goosmannlaw.com/firm-history/)
- Blogs 
    - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side)
    - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side)
    - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side)
    - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side)
    - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side)
    - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side)
    - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side)
    - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side)
    - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/)
    - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side)
    - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side)
    - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side)
    - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side)
    - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side)
- Resources 
    - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/)
    - [Podcast](http://podcast.goosmannlaw.com/)
    - [Videos](https://goosmannlaw.com/videos/)
    - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/)
- Contact Us 
    - [Office Locations](https://goosmannlaw.com/locations/) 
          - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/)
          - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/)
          - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/)
          - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/)
          - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/)
    - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/)
    - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/)
    - [Pay Online](https://goosmannlaw.com/pay-online-3/)
- [  (855) 843-4531](tel:855-843-4531)

![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png)

[tel:855-THE-GLF1](tel:855-THE-GLF1)

[Family Law News and Insights](https://blog.goosmannlaw.com/blog/topic/family-law-news-and-insights) [CEO](https://blog.goosmannlaw.com/blog/topic/ceo)

# [Growing Your Family: Gestational Carrier Agreements](https://blog.goosmannlaw.com/blog/growing-your-family-gestational-carrier-agreements-2)

 By [Goosmann Law Team](https://blog.goosmannlaw.com/blog/author/goosmann-law-team)   |  14, June 2013 

[READ NOW](https://blog.goosmannlaw.com/blog/growing-your-family-gestational-carrier-agreements-2) <https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fblog.goosmannlaw.com%2Fblog%2Fgrowing-your-family-gestational-carrier-agreements-2> <http://www.linkedin.com/shareArticle?mini=true&url=https%3A%2F%2Fblog.goosmannlaw.com%2Fblog%2Fgrowing-your-family-gestational-carrier-agreements-2> <https://www.twitter.com/share?url=https%3A%2F%2Fblog.goosmannlaw.com%2Fblog%2Fgrowing-your-family-gestational-carrier-agreements-2> <https://plus.google.com/share?url=https%3A%2F%2Fblog.goosmannlaw.com%2Fblog%2Fgrowing-your-family-gestational-carrier-agreements-2> 

[Read Post](https://blog.goosmannlaw.com/blog/growing-your-family-gestational-carrier-agreements-2#article)

[![](https://blog.goosmannlaw.com/hs-fs/hubfs/Logos/Logo1.jpg?width=60&name=Logo1.jpg)](https://blog.goosmannlaw.com/blog/author/goosmann-law-team) 

[Goosmann Law Team](https://blog.goosmannlaw.com/blog/author/goosmann-law-team)

 Tags: [Family Law News and Insights](https://blog.goosmannlaw.com/blog/topic/family-law-news-and-insights) [CEO](https://blog.goosmannlaw.com/blog/topic/ceo)

March 28, 2013 - A gestational carrier arrangement has replaced surrogacy as an effective way to grow a family. Because this is a cutting edge method, legislators and courts are still catching up. In Iowa, these arrangements are governed by the traditional statutes and case law. Gestational carriers and intended parents can utilize a gestational carrier agreement to make this happen. We help them navigate the law in Iowa to help families grow.

**Gestational Carrier Agreement**

A gestational carrier agreement in Iowa is the first step in the process. This lays out the terms between the gestational carrier, her husband, and the intended parent(s). When the birth is expected to be in Iowa, Iowa law should be considered and applied to the agreement. Once the agreement is signed, the gestational carrier can begin medical treatments.

**Pre-Birth Order**

Once the gestational carrier is pregnant, it may be helpful to petition the court for a pre-birth order. Because in Iowa there is no statute on point, the likelihood of being granted the pre-birth order depends on the judge.

**Post-Birth Order**

If a pre-birth order was obtained, a post-birth order may also pave the way with the Iowa Department of Public Health to name the Intended Mother as the “mother” on the birth certificate. The Goosmann Law Firm coordinates with the hospital and Department of Public Health to determine whether or not this will be needed.

**Adoption Process**

Whether or not a pre-birth order is obtained, we recommend completing the adoption process to cut off the rights and obligations between the gestational carrier and the child(ren). This applies even when there is no biological connection between the gestational carrier and the child(ren) due to the Iowa statute.

**Summary**

A birth mother is presumed to be a child’s legal mother in Iowa, regardless of a lack of biological link between her and the child. In addition, her spouse is presumed to be the father. Therefore, there are certain filings that need to be prepared in order for the Intended Mother to adopt the child.

- Gestational Carrier Agreement
- Pre-birth order
- Post-birth order
- Petition for adoption & termination of parental rights
- Consents to adoption
- Consents to jurisdiction and waiver of hearing
- Affidavits
- Original notice and petition for termination
- Order appointing guardian ad litem for termination of parental rights
- Guardian ad litem’s consent to adoption
- Final decree of adoption

### Select Different CTA for each Post from Blog Editor

[![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422)

### Subscribe Our Blog

Thanks for submission!!

- Recent
- Popular

### Posts by Topic

- [Firm News (212)](https://blog.goosmannlaw.com/blog/topic/firm-news)
- [Business News and Insights (135)](https://blog.goosmannlaw.com/blog/topic/business-news-and-insights)
- [CEO (93)](https://blog.goosmannlaw.com/blog/topic/ceo)
- [Employment News and Insights (85)](https://blog.goosmannlaw.com/blog/topic/employment-news-and-insights)
- [Trust Law Counsel (85)](https://blog.goosmannlaw.com/blog/topic/trust-law-counsel)
- [Agricultural News and Insights (71)](https://blog.goosmannlaw.com/blog/topic/agricultural-news-and-insights)
- [Human Resources (65)](https://blog.goosmannlaw.com/blog/topic/human-resources)
- [Agriculture (62)](https://blog.goosmannlaw.com/blog/topic/agriculture)
- [Family Law News and Insights (59)](https://blog.goosmannlaw.com/blog/topic/family-law-news-and-insights)
- [Litigation & Trial (56)](https://blog.goosmannlaw.com/blog/topic/litigation-trial)
- [Divorce & Family Law (53)](https://blog.goosmannlaw.com/blog/topic/divorce-family-law)
- [Risk Management (49)](https://blog.goosmannlaw.com/blog/topic/risk-management)
- [Litigation News and Insights (42)](https://blog.goosmannlaw.com/blog/topic/litigation-news-and-insights)
- [Construction News and Insights (40)](https://blog.goosmannlaw.com/blog/topic/construction-news-and-insights)
- [Real Estate News and Insights (31)](https://blog.goosmannlaw.com/blog/topic/real-estate-news-and-insights)
- [South Dakota (14)](https://blog.goosmannlaw.com/blog/topic/south-dakota)
- [Cyber Law (9)](https://blog.goosmannlaw.com/blog/topic/cyber-law)
- [Media Law and Technology & Science (5)](https://blog.goosmannlaw.com/blog/topic/media-law-and-technology-science)
- [Communications Law (3)](https://blog.goosmannlaw.com/blog/topic/communications-law)
- [LLC Program (1)](https://blog.goosmannlaw.com/blog/topic/llc-program)
- [Sioux Falls Attorney (1)](https://blog.goosmannlaw.com/blog/topic/sioux-falls-attorney)

DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

#### Let Us Know What You Thought about this Post.

Put your Comment Below.

[Previous Post](https://blog.goosmannlaw.com/blog/when-should-you-use-a-deed-in-lieu-of-foreclosure)

##### [When Should you use a Deed in Lieu of Foreclosure?](https://blog.goosmannlaw.com/blog/when-should-you-use-a-deed-in-lieu-of-foreclosure)

[Next Post](https://blog.goosmannlaw.com/blog/how-does-the-affordable-care-act-impact-your-business-2)

##### [How Does the Affordable Care Act Impact Your Business?](https://blog.goosmannlaw.com/blog/how-does-the-affordable-care-act-impact-your-business-2)

### Contact Info

**Sioux City Location**  
 P. 712-226-4000  
 F. (712) 224-4517

**Sioux Falls Location**  
 P. (605) 371-2000  
 F. (605) 275-2039

**Omaha Location**  
 P. (402) 280-7648  
 F. (402) 505-3967

<https://twitter.com/GoosmannLawFirm><https://www.facebook.com/GoosmannLawFirm/><https://plus.google.com/u/0/107039732660783225699> <https://www.linkedin.com/company/goosmann-law-firm>

---

[Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/)

### Locations

**Sioux City Location**  
 410 5th Street  
 Sioux City, IA 51101

**Sioux Falls Location**  
 5010 S. Minnesota Avenue, Suite 100  
 Sioux Falls, SD 57108

**Omaha Location**  
 Advent Building   
 17838 Burke Street, Suite 250  
 Omaha, NE 68118

![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann")

Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law.

Goosmann © Copyright 2017