The Life Plus Hospital

What is Surrogacy and How does it work?

For many, the path to parenthood is not always how they may have envisioned, especially after experiencing a long road of infertility or in some cases knowing from the start there will be a difficulty. An option often overlooked, is surrogacy. In the process, the person or couple called the intended parent(s) or (IP(s)), contract with a surrogate or gestational carrier to carry the pregnancy. Simply defined, a surrogate is a woman who carries a pregnancy for another person or couple.

Who Uses Surrogates?

If you’re a woman, you may consider a surrogate for several reasons:

• Medical problems with your uterus
• You had a hysterectomy that removed your uterus
• Conditions that make pregnancy impossible or risky for you, such as severe heart disease

You may want to think about surrogacy if you tried but couldn’t get pregnant with a variety of assisted reproduction techniques, such as IVF.

Finding a Surrogate

There are several ways you can find a surrogate mother:

Friends or family. Sometimes you can ask a friend or relative to be a surrogate for you. It’s somewhat controversial. But because of the high cost of surrogacy and the complex legal issues, it raises about parental rights, a tried-and-tested family relationship can be simpler to manage. Often Legal system discourages Close family members as a form of surrogacy, though, if the child would carry the same genes as a child born of incest between close relatives.

A surrogacy agency. Most people use one to arrange a gestational surrogate. There are many agencies now operating in the country. They act as go-betweens.

An agency helps you find a surrogate and make arrangements. It also collects any fees that get passed between you and the surrogate, such as paying for their medical expenses.

How to Choose a Surrogate

Right now there aren’t any regulations about who can be a surrogate mother. But experts agree on a few points about how to select one.

You should choose surrogates who:

• Are at least 21 years old
• Have already given birth to at least one healthy baby so they understand firsthand the medical risks of pregnancy and childbirth and the emotional issues of bonding with a newborn
• Have passed a psychological screening by a mental health professional to uncover any issues with giving up the baby after birth
• Sign a contract about their role and responsibilities in the pregnancy, such as prenatal care and agreeing to give you the baby after birth

Are there different types of surrogacy arrangements?

Yes. There are two types of arrangements: traditional and gestational

Traditional surrogacy is when the surrogate has a genetic tie to the child she carries. She is artificially inseminated with the sperm of the male intended parent. Due to various legal reasons, this family-building option is not as common or recommended as frequently as gestational surrogacy typically would be.

Gestational surrogacy is when the surrogate or gestational carrier, in this case, does not have a genetic tie to the child she is carrying. The intended parent(s) undergo in vitro fertilization (IVF), provide the egg and sperm, and create an embryo to transfer to the gestational carrier. There are also other circumstances where one of the intended parent(s) will contribute their egg or sperm but a sperm donor or egg donor or even a donated embryo is used in the process.

Are there different forms of contractual agreements?

Compensated agreements are contracts where the surrogate or gestational carrier will receive financial compensation over incurred expenses that come along with the process and the gestation. Some of these costs (not all) include fertility costs, medical costs during the pregnancy, legal fees, lost wages, a surrogate fee, and any other incurred costs related to the surrogacy.

Compassionate surrogacy agreements are those where the surrogate, usually a close friend or family member, offers to carry a pregnancy less the surrogate fee. The intended parent(s) will cover all of the incurred expenses that go along with a surrogate agreement but there is no financial compensation provided to the surrogate.

It is also extremely important to know that each state is different in regard to the legality of a surrogacy arrangement. In some Countries, commercial surrogacy is illegal, and/or the contracts that define the parentage of the intended parents are not recognized or enforceable. This is why if you do consider pursuing surrogacy you will need to make sure you live in a surrogacy-friendly country as well as work with a legal attorney who specializes in surrogacy, adoption, or reproductive law.