Thinking about working with a surrogate? Whether you’ve 100% decided an IVF and surrogacy journey is right for you, or you’re just curious to find out more, we’ve got you covered.
You will likely hear the term "surrogate" used as a blanket term, but in medical jargon, it gets more specific. Here’s what you need to know:
Surrogate
The term surrogate used to refer to a woman who would not only carry your child, but would also contribute their own egg(s) – meaning they would be a part of your child’s genetic makeup. This form of "traditional surrogacy" is all but retired in the U.S. and much of the globe, due to the legal complications that can arise.
Gestational Carrier
Gestational surrogacy is now the most commonly-practiced form of surrogacy. A gestational carrier (GC) is a woman who is not genetically linked to the child she carries. She has successfully built her own family, enjoys pregnancy, and wants to help bring another baby into the world. An egg donor is used to help create embryos, which are then transferred to a gestational carrier’s uterus.
You’ll bond with your GC for about 12 months, and you may establish close relationships with their loved ones too. This person is essential to your family-building journey, and the trust-based relationship you'll form is a wonderful perk of the surrogacy process.
Note: A Gestational carrier is not genetically linked to your child, which makes the legal side of things less complicated. In many instances, the United States justice system can assign parentage to you, or you and your partner regardless of gender identity, and your name(s) can be on your child’s birth certificate. Your surrogacy agency and legal team will help you complete all of the necessary documents to make this happen.
Gestational carrier screening typically involves the following:
Gestational carriers also undergo a comprehensive physical examination and share their previous pregnancy history. A comprehensive screening process is the best way to minimize any obstacles for both the GC and your child.
Dads-to-be have a few options when it comes to selecting a gestational carrier. In some cases, they may choose to work with a friend or relative as their gestational carrier.
Many dads-to-be choose to work with a surrogacy agency. Agency teams are experts at linking prospective parents with their best gestational carrier match. Gay Parents To Be works with trusted agencies throughout the U.S. and would be happy to connect you with an agency that’s right for you.
There are also attorneys that specialize in surrogacy and websites that link intended parents with women who want to be gestational carriers.
In most surrogacy agreements, the gestational carrier is paid a negotiated fee for their immense physical and emotional commitment, as well as being reimbursed for related out-of-pocket expenses.
Our Gay Parents To Be team is available to provide guidance as you navigate matching with the right gestational carrier for you. We strongly recommend working with an experienced reproductive attorney who can provide counsel and prepare necessary legal agreements related to the use of a surrogate - even in cases where a friend or relative serves as your gestational carrier.
There are many legal issues associated with egg donation and gestational surrogacy, as the laws governing these relationships differ from state to state. As a result, it is very important to work with a knowledgeable attorney throughout this process to protect the rights of both you and your GC.
Your attorney will draft contracts, provide legal counsel, and coordinate the termination of parental rights for the gestational carrier and egg donor. Egg and sperm donors should also make sure that they understand and address any legal issues associated with their services.
Gay Parents To Be is able to refer patients to experienced attorneys and legal practices that specialize in third party reproduction.
Disclaimer: Gay Parents To Be and Illume Fertility do not endorse nor take responsibility for any surrogacy agency and are not legally or financially responsible for your experiences with them. Please perform due diligence in researching any program with whom you decide to become involved.