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Surrogacy

There are two types of surrogacy— traditional surrogacy and gestational surrogacy. In traditional surrogacy, a surrogate mother is artificially inseminated, either by the intended father or an anonymous donor, and carries the baby to term. The child is thereby genetically related to both the surrogate mother, who provides the egg, and the intended father or anonymous donor.

In gestational surrogacy, an egg is removed from the intended mother or an anonymous donor and fertilized with the sperm of the intended father or anonymous donor. The fertilized egg, or embryo, is then transferred to a surrogate who carries the baby to term. The child is thereby genetically related to the woman who donated the egg and the intended father or sperm donor, but not the surrogate.

Traditional surrogacy is more controversial than gestational surrogacy, in large part because the biological relationship between the surrogate and the child often complicates the facts of the case if parental rights or the validity of the surrogacy agreement are challenged.
Sometimes a family member or friend offers to be a surrogate. This can greatly reduce the cost of surrogacy. However, because not everyone knows a woman in a position to volunteer to be a surrogate, most people find a surrogate through other means.

Some parents choose to search for a surrogate independently. In this case, it is of the utmost importance that both intended parents and surrogates obtain legal advice before making any agreements or signing any contracts. A clear contract can prevent many potential conflicts during the process. Intended parents should also research a potential surrogate’s history to make sure that there is no cause for concern.

Surrogacy Qualifications

Surrogates needs to meet the following general qualifications:

  • Be in good physical and mental health;
  • Have carried and delivered at least one child;
  • Have had pregnancies that were all free of complications and were full-term;
  • Be less than 40years of age (some clinics will accept older woman in certain circumstances; others have younger age cut-offs for all surrogates);
  • Be in a stable living situation; and
  • Not smoke or abuse alcohol