What Is Surrogacy and How Does It Work?
Many people consider surrogacy when exploring ways to grow their family. What is surrogacy, and how does the process work? Surrogacy is a family-building option where a woman agrees to carry a pregnancy for intended parents. When the baby is born the intended parents become the child’s legal parents.
The surrogacy process includes medical screening, legal contracts, embryo transfer, pregnancy, and birth. Each step plays an important part of the process.
Understanding how surrogacy works helps intended parents make informed decisions before starting their surrogacy journey.
What Is Surrogacy?
Surrogacy is an arrangement in which a woman carries a pregnancy for another person or couple. We call the woman who carries the pregnancy a surrogate, or gestational carrier. We call the people who plan to raise the child the intended parents.
Surrogacy is often used by:
● Couples facing infertility
● Individuals with medical conditions that prevent pregnancy
● Same-sex male couples
● Single intended parents
Surrogacy laws vary by state, so legal guidance is an important part of the process.
What Are the Different Types of Surrogacy?
There are two different types of surrogacy: gestational surrogacy and traditional surrogacy.
Gestational Surrogacy
Gestational surrogacy is the most common form today.
In gestational surrogacy:
● A fertility clinic creates an embryo through in vitro fertilization (IVF)
● Doctors perform embryo transfers to transfer the embryo to the surrogate
● The gestational carrier is not genetically related to the baby
The egg may come from an intended mother or from an egg donor. The sperm may come from an intended father or a donor. In this type of arrangement, the surrogate is not the biological mother.
Traditional Surrogacy
In traditional surrogacy, the surrogate uses her own egg. This means she shares a genetic connection with the child.
Doctors usually perform a treatment called intrauterine insemination (IUI) instead of IVF. Traditional surrogacy is less common and may involve more legal issues in some states.
How Does the Surrogacy Process Work?
The surrogacy process includes medical, legal, and emotional steps. Surrogates and intended parents work with surrogacy professionals throughout the journey.
1. Matching With a Surrogate
Surrogacy agencies help match surrogates and intended parents. During this stage, both parties discuss expectations and communication preferences.
2. Medical Screening
Medical screening is a required part of the process. Health professionals review medical records, perform physical exams, and conduct psychological evaluations. This step ensures the surrogate can safely carry a pregnancy.
3. Legal Contracts
Each party works with an attorney to create a surrogacy contract. This legal contract outlines rights and responsibilities, financial terms, and medical decision-making.
Clear surrogacy agreements protect both the surrogate and the intended parents before medical procedures begin.
4. IVF and Embryo Transfer
A fertility clinic creates embryos through in vitro fertilization. Doctors then transfer to the surrogate during a scheduled embryo transfer cycle.
If implantation is successful, the pregnancy begins.
5. Pregnancy and Birth
The surrogate receives routine prenatal care from health professionals. Throughout the pregnancy, surrogates and intended parents maintain communication based on their agreement.
After the surrogate gives birth, a legal process establishes the intended parents as the child’s legal parents.
Key Legal and Medical Requirements in the Surrogacy Process
Surrogacy involves medical conditions, legal contracts, and state laws. Each state has different rules regarding surrogacy agreements and parental rights.
Important factors include:
● State-specific surrogacy laws
● Insurance coverage
● Fertility clinic requirements
● Health history of the surrogate
● Legal parentage procedures
Working with experienced surrogacy professionals helps reduce legal issues and confusion.
Frequently Asked Questions
Is the surrogate the biological mother?
In gestational surrogacy, the surrogate is not the biological mother. In traditional surrogacy, the surrogate provides her own egg, making her genetically related to the baby.
How long does the surrogacy journey take?
The surrogacy journey often takes 12 to 18 months. Timelines vary depending on medical screening, matching, and embryo transfers.
Is surrogacy legal?
Surrogacy laws vary by state. Some states fully support gestational surrogacy, while others restrict certain arrangements.
What does a surrogacy contract include?
A surrogacy contract outlines rights and responsibilities, compensation, medical decisions, and expectations during pregnancy.
