For some aspiring parents, becoming pregnant can be challenging. The reasons can vary and are often out of their control. Surrogacy is a viable option for treating infertility in intended parents who can’t birth children on their own but still wish to raise a family. But, what is a surrogate exactly?

The process involves an arrangement where a woman carries and gives birth to a child for another person or couple. This woman is known as a surrogate. Gestational Surrogacy is accomplished through in vitro fertilization (IVF) and embryo transfer. Discover more about the surrogacy process, types of surrogacies, potential legal complications, and other considerations that impact aspects of surrogacy.

Core Elements of Surrogacy

Surrogacy is a difficult decision but is one that individuals and couples make for several reasons, such as:

Infertility

A common reason why would-be parents opt for surrogacy is infertility and/or difficulty conceiving. Infertility issues can occur for various reasons, damaged or blocked fallopian tubes, pelvic inflammatory disease, structural abnormalities within the uterus, lack of uterus, and other medical conditions, that can preclude an individual from carrying a pregnancy on their own. Infertility can affect both male and female partners. For individuals or couples struggling with infertility, surrogacy provides an alternative avenue to having a child.

Same-Sex

Same-sex couples who wish to start a family are unable to conceive naturally and often turn to surrogacy in favor of fostering or adoption. Surrogacy has risen in popularity within the LGBTQ community as it continues to help same-sex couples achieve parenthood.

Single Individual

Being a couple isn’t a requirement for being a parent. A single person, male or female, can achieve parenthood through surrogacy. Single women who are unable to conceive or carry a baby full-term can turn to surrogacy with a sperm donor. Conversely, a single man may consider surrogacy if he chooses to start a family alone with a donor egg.

There are two types of surrogacies: traditional and gestational surrogacy.

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Traditional Surrogacy

In traditional surrogacy, also known as full or genetic surrogacy, the surrogate doubles as the egg donor, making her the biological mother of the child. This process usually involves artificial insemination, where the surrogate’s egg is fertilized with sperm from the intended father or a donor. Due to many legal and emotional considerations, traditional surrogacy is not offered in most states.

Gestational Surrogacy

Gestational surrogacy is a process where a person, called a gestational carrier or surrogate, carries and gives birth to a baby for another person or couple. The gestational carrier is not genetically related to the baby because she does not provide the egg used in conception.

Gestational surrogacies are achieved through IVF. An embryo is created in a lab using an egg and sperm from the intended parents or a donor. After this process is complete, an embryo transfer is performed to the carrier’s uterus.

Matching with an ideal carrier or donor is a major component of gestational surrogacy. Intended parents understand the magnitude of such a decision, and the selection process is usually in-depth and lengthy. Intended parents often work with a surrogacy agency to find suitable matches. In some cases, a family member will carry the embryo.

According to the American Society for Reproductive Medicine (ASRM), an ideal gestational surrogate possesses the following criteria:

  • Between the ages of 21 and 45, but preferably younger than 35
  • Good standing health, including weight
  • A person with at least one but no more than five pregnancies and full-term deliveries
  • No complications with previous deliveries
  • No more than three C-section deliveries

 Legal and Ethical Considerations

There are several potential legal issues involved with surrogacy, which is why surrogacy contracts are heavily relied upon. These legal contracts outline parental rights and surrogacy agreements so that both parties (surrogate and intended parents) are held accountable.

Surrogacy arrangements may include:

  • The surrogate’s role and responsibilities during the pregnancy
  • The cost of surrogacy and compensation for the carrier
  • Protocol in the event of a failed pregnancy
  • Lifestyle and dietary restrictions for the carrier
  • The responsibility for medical expenses, health care, medical procedures, and IVF treatment involving the pregnancy

Currently, there are no federal laws regulating surrogacies, and state laws vary. Depending on where you live, as an intended parent, you may need to pass adoption proceedings to gain legal custody of the child. A declaration of parentage before birth outlined in the surrogacy may suffice in other states.

Several ethical matters come into question regarding surrogacies and whether the surrogate is considered the child’s biological mother. This complexity, along with identity, parentage, and legal parent status, should be addressed in the contract.

The Future of Surrogacy

As assisted reproductive technology advances, surrogacies are becoming a more common and reliable option for aspiring parents with difficulties conceiving naturally. According to the U.S. Centers for Disease Control and Prevention (CDC), surrogacy has the highest success rate of any fertility treatment. The success rate for gestational surrogacy using IVF is around 75% and increases to 95% once the surrogate is pregnant.

Fertility clinics, surrogacy programs and agencies, and reproductive medicine continue to play a significant role in making dreams come true for couples who wish to be parents but struggle due to an underlying issue.

Discover More from RMA Network

Couples or individuals interested in learning more about their options to overcome infertility and live their dream of parenthood should turn to fertility specialists at RMA Network. Contact us to request an appointment for your first visit.