Gestational surrogacy is when no relation exists between the child and the surrogate or the biological mother. This type of surrogacy is the most common and has enabled thousands of individuals and couples to increase the size of their families. The embryo is created using IVF or in-vitro fertilization. This is when the sperm and eggs of the donors or parents are transferred to the surrogate mother. This type of surrogacy is also referred to as full surrogacy or host surrogacy. In the majority of cases, there is a genetic relationship between the child and one of the intended parents. This decreases the legal complications because second parent or step parent adoption is not necessary.
Gestational surrogacy is often considered by couples of the same sex, single parents, individuals struggling with infertility, individuals unable to bring a pregnancy full term and people wanting a child without a genetic link to the surrogate. This is the most common kind of surrogacy within the United States and usually involves locating a surrogate, the transfer of the embryo and completing the required contracts. The surrogate opportunity may be pursued by the intended parents or through a lawyer with a specialty in reproductive law.
Once the match has been located, the intended parents and the surrogate work with a lawyer. They discuss the legal responsibilities and risks for both parties along with compensation for the surrogate. When an agreement has been established, both parties sign the contracts. The embryo transfer and IVF are handled by a fertility clinic. There are different processes for creating and transferring the embryo.
The baby is carried by the surrogate throughout the entire pregnancy. When the child is born, the baby is welcomed by the intended parents, and they have full legal custody. The process for gestational surrogacy is dependent on the laws of the state and the circumstances of the parties involved. Gestational surrogacy is a fairly new concept, so the corresponding laws are complicated and unsettled. Again, legal representation is highly recommended for both the surrogate and the intended parents to provide guidance throughout the process. The attorney will protect the rights of their client.
If you are interested in becoming or locating a surrogate, please feel free to schedule a professional consultation with our team at West Coast Women’s Reproductive Center, located in Sherman Oaks, CA. Contact us today to book your appointment. We look forward to hearing from you!