Gestational Surrogacy: How Does It Work and What Are the Legal Concerns?

Gestational Surrogacy traditional surrogacy host surrogacy full surrogacy IVF surrogacy Amira Hasenbush Yale Fertility Clinic Surrogate Mom infertility struggles IVF process creating an embryo embryo transfer legal fees california Connecticut Nevada Washington Intended Parents

By Lili Scott , Parent Herald Apr 14, 09:00 am

Photo: (Photo : LILLIAN SUWANRUMPHA/AFP via Getty Images)

Gestational surrogacy is the most common form of surrogacy, wherein the surrogate mom carries the baby or babies meant for another parent. The process is also known as host surrogacy, full surrogacy, or IVF surrogacy as the surrogate mom becomes pregnant through in vitro fertilization.

Lawyer Amira Hasenbush explained via Healthline that gestational surrogacy is the preferred process for many families today compared to traditional surrogacy because it does not come with emotional or legal complications. For this arrangement, the surrogate mom simply carries the baby to term. She doesn't donate her egg nor is she related to the baby biologically compared to the traditional arrangement.

Gestational surrogacy applies to single parents who might want to have kids of their own, same-sex couples who prefer this method over adoption, couples with infertility struggles, moms who cannot carry a baby to term, or intended parents who don't want their baby to have any genetic links with the surrogate mom.

Finding the Gestational Surrogate Mom, IVF Process

The first process of gestational surrogacy involves finding the woman who will carry the baby through an agency or the fertility clinic. At Yale Fertility Center, for example, the search will entail a consultation and screening process with a counselor. Apart from the physical and medical evaluation and tests, which may also include infectious disease screening, the surrogate mom may also undergo a social and psychological screening.

After a choice or match has been decided, a legal agreement between the surrogate mom and the intended parents shall take place. It will help to discuss and decide on the terms of the arrangement, including possibilities like multiple births, genetic conditions, and the other responsibilities of both parties. The parties may also discuss the parameters and boundaries as some surrogates could actually want the mom and dad to be involved during the pregnancy term if geographical restrictions are not a hindrance.

When everything is set and signed on paper, the IVF process could soon be underway. This procedure will consist of creating an embryo from either the egg and the sperm of the parents or the donated egg and sperm. The embryo will then be transferred to the surrogate mom.

Gestational surrogacy may cost between $75,000 to $150,000, not including insurance. There are also other variables to be considered, such as the surrogate mom's allowance and the legal fees per state.

It also bears noting that the IVF process may not work on the first or second try thus the parents might need to shell out more money, as well as adjust their budget for the surrogate mother's travel expenses or accommodation, if necessary.

The Legal Process

The whole process will also have to abide by the surrogacy laws of the state. According to Surrogate.Com, California, Connecticut, Nevada, and Washington are just some of the most surrogacy-friendly states in America.

Intended parents in California may actually file the court papers that they are the baby's legal parents as soon as the surrogate mother becomes pregnant. Some states, however, have stricter laws that may treat surrogacy as an adoption process, which means more time and fees in court.

The experts said that proper screening from the start, alongside a thorough legal agreement, will prevent any problems between the surrogate and the parents. Families who are considering gestational surrogacy should hire lawyers familiar with the state laws of both the parents and the surrogate mom.