Welcoming a child into the world is a profound milestone for many, but sometimes, intended parents face obstacles that lead them to explore surrogacy as a way to build their family. While surrogacy offers hope and a path to parenthood, it’s essential to understand the two main types of surrogacy: traditional and gestational.
Each comes with its own set of procedures, legal considerations, and emotional dynamics. This guide will help you navigate the differences between traditional and gestational surrogacy so you can make the best decision for your family-building journey.
What is Surrogacy?
Surrogacy is an arrangement in which a woman carries and delivers a child for someone else. The intended parents may be unable to conceive or carry a child themselves due to a variety of reasons, such as infertility or health risks. Surrogacy offers these individuals or couples a chance to have a child who is either genetically related to them or to one of them.
Which is Better: Traditional or Gestational Surrogacy?
While both methods involve a surrogate carrying a pregnancy for intended parents, there are pros and cons for each. The processes and implications differ significantly.
What is The Difference Between Gestational Pregnancy and Surrogacy?
Gestational pregnancy is when a woman carries and gives birth to a baby conceived with her own egg, fertilized by sperm. Surrogacy, specifically gestational surrogacy, involves a surrogate who carries a baby conceived through IVF using the intended parents’ or donors’ egg and sperm, meaning the surrogate has no genetic connection to the child.
What Is Traditional Surrogacy?
Traditional surrogacy involves the surrogate providing her own egg. This means that the surrogate is both the egg donor and the woman carrying the pregnancy. The child, therefore, has a genetic connection to the surrogate. Fertilization is typically achieved through intrauterine insemination (IUI), using sperm from the intended father or a sperm donor.
Who Chooses Traditional Surrogacy?
Traditional surrogacy might be chosen by intended parents in specific circumstances, including intended mothers unable to produce eggs. If a woman cannot produce healthy eggs, traditional surrogacy allows her to still raise a child, though she will not have a genetic connection to the child. Single men who wish to have a biological child may opt for traditional surrogacy using their own sperm, combined with the surrogate’s egg.
What Is Gestational Surrogacy?
Gestational surrogacy is the more prevalent and widely accepted form of surrogacy. In this arrangement, the surrogate has no genetic link to the child she carries. The intended mother’s eggs (or donor eggs) are fertilized via in vitro fertilization (IVF), and the resulting embryo is implanted into the surrogate’s uterus. The surrogate’s role is to carry the pregnancy to term and deliver the baby, but she does not contribute any genetic material.
Why Is Gestational Surrogacy Preferred?
Gestational surrogacy has become the preferred method for several reasons, like having a genetic link to intended parents. In most cases, at least one of the intended parents has a genetic connection to the child, which is often a key consideration for those choosing surrogacy over adoption. Others prefer the legal simplicity: without a genetic link to the child, the surrogate has fewer legal rights to the baby, reducing the risk of disputes over parentage. This makes gestational surrogacy legally simpler and less risky for intended parents. Many surrogates find it easier to emotionally detach from the baby when they are not genetically related, leading to smoother transitions after birth.
The Process of Gestational Surrogacy
Gestational surrogacy process involves several steps including how a surrogate gets pregnant. Each requires careful planning and coordination:
Matching with a Surrogate
Intended parents are matched with a surrogate through an agency, surrogacy clinic, or independently. Compatibility is crucial, as the relationship between the surrogate and intended parents can significantly impact the experience.
Medical Evaluations
The surrogate undergoes thorough medical screening to ensure she is physically capable of carrying a pregnancy. Intended parents may also undergo evaluations, particularly if their genetic material will be used.
IVF Procedure
Eggs are retrieved from the intended mother or a donor and fertilized with sperm from the intended father or a donor. The resulting embryo is then transferred to the surrogate’s uterus during an embryo transfer.
Legal Agreements
Both parties sign a surrogacy contract, which outlines the rights and responsibilities of each party, compensation for the surrogate, and other important terms. This contract is drafted by an attorney specializing in reproductive law.
Pregnancy and Monitoring
Once the surrogate is pregnant, she receives regular medical care to monitor the health of both her and the baby. The intended parents are typically involved throughout the pregnancy.
Birth and Legal Parentage
After the baby is born, legal steps are taken to establish the intended parents as the legal parents, usually through a pre-birth or post-birth parentage order.
Choosing Between Traditional and Gestational Surrogacy
Deciding between traditional and gestational surrogacy is a significant decision that involves several factors. Intended parents should consider their goals, financial situation, legal considerations, and emotional preparedness.
Key Considerations for Intended Parents
If having a genetic connection to the child is important, gestational surrogacy is usually the better choice. However, traditional surrogacy might be an option if an intended mother cannot produce viable eggs or if a single man wants a biological child without using donor eggs.
Traditional surrogacy also carries more legal risks due to the surrogate’s genetic link to the child. In contrast, gestational surrogacy is legally simpler and offers greater protection for intended parents. The emotional effects of surrogacy can be challenging for both the surrogate and intended parents. Gestational surrogacy tends to involve fewer emotional complications since the surrogate is not biologically related to the child.
Surrogacy is expensive, with costs ranging from $70,000 to $130,000 or more, depending on the type of surrogacy and other factors. Gestational surrogacy is typically more costly due to the IVF process, but the reduced legal risks and emotional complexities often make it worth the investment. And surrogacy laws vary widely from state to state. Some states are more “surrogacy-friendly,” while others have restrictions or even prohibit certain types of surrogacy.
Surrogacy, like any pregnancy, involves medical risks, both for the surrogate and the intended parents.But it’s not just a medical procedure; it’s a deeply personal journey filled with emotions. Counseling and strong communication between all parties can help mitigate these challenges. Lastly, the legal landscape of surrogacy is complex and varies widely depending on location. There are no federal laws governing surrogacy in the United States, so state laws apply, and they can differ dramatically.
State Law Variations
Some states, such as California, are known for being “surrogacy-friendly states,” with well-established laws that support and protect the rights of both intended parents and surrogates.Other states may have restrictive laws that make certain types of surrogacy, particularly traditional surrogacy, more challenging or even illegal. In these states, surrogacy contracts may not be enforceable, and surrogates might have legal rights to the child even after birth.
A few states outright prohibit surrogacy agreements or impose significant restrictions that make it difficult for intended parents to pursue surrogacy within the state.
Importance of Legal Representation
Regardless of the type of surrogacy, it is crucial for both intended parents and surrogates to have legal representation. A surrogacy attorney will help draft and review the surrogacy contract, ensuring that it is clear, comprehensive, and legally enforceable. This contract should cover all aspects of the surrogacy arrangement, including compensation for the surrogate, parental rights, medical decisions, and what happens in the event of unforeseen circumstances such as medical complications or a change in the relationship between the surrogate and the intended parents.
Parental Rights and Birth Certificates
In gestational surrogacy, a pre-birth order is often sought, allowing the intended parents’ names to be placed on the birth certificate from the moment of birth. In some cases, especially in traditional surrogacy or in states with more complex laws, a post-birth adoption may be necessary to establish parental rights.
Surrogacy By Faith: Guiding You Through the Journey
At Surrogacy By Faith, we understand that the surrogacy process is a significant emotional, financial, and legal undertaking. As a Christian surrogacy agency, our mission is to provide compassionate and ethical guidance to both intended parents and surrogates. We believe that surrogacy is a beautiful way to build families, and we are committed to supporting everyone involved through every step of the journey.
For intended parents, we offer personalized matching services, connecting you with surrogates who share your values and goals. For surrogates, we offer comprehensive support, including medical and psychological evaluations, legal representation, and fair compensation.
No matter which path you choose, it’s essential to have a strong support system in place, including legal representation, medical care, and emotional support. Surrogacy By Faith is here to help you every step of the way, providing the guidance, compassion, and expertise you need to navigate your surrogacy journey with confidence and peace of mind. If you’re considering surrogacy, either as an intended parent or a surrogate, we invite you to contact Surrogacy By Faith to learn more about how we can support you on this remarkable journey.