Keeping Up With…Surrogacy Issues


The recent news that Khloe Kardashian is expecting a child through surrogacy with her ex Tristan Thompson – which we all know way too much about whether we want to or not – brings up many questions about surrogacy and the interplay with family law. Such as, is he still the dad?

Tristan and Khloe, who are the intended parents, likely entered into a gestational carrier agreement with their surrogate (and spouse) to outline the expectations for parental rights, genetic material, embryo transfers, and medical needs, insurance, compensation, privacy and future communication, and other aspects such as rights to an abortion. The parties have their own attorneys to counsel on negotiating the agreement and should have gone through psychological screening and counseling sessions prior to signing the agreement.

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