Third Party Reproduction/Gestational Surrogacy

Gestational Surrogacy

When a woman is unable to carry a baby to term for medical reasons, or when a same sex male couple would like to have biological children, it is possible to use a gestational surrogate. Thanks to the advances in IVF technology, these couples can create embryos using one or both partner’s genetic material through In Vitro Fertilization. The resulting embryo(s) can then be transferred to the uterus of a gestational surrogate who can carry the pregnancy to term.

Women who need gestational carriers include those who:

  • Do not have a uterus (including gay male couples or single men)
  • Have an abnormal uterine cavity
  • Have had several recurrent miscarriages
  • Have had recurrent failed IVF cycles
  • Have a medical reason for which pregnancy is inadvisable

Choosing a Gestational Surrogate

Gestational surrogacy involves a long commitment and unique relationship between the intended parents and the gestational surrogate. For this reason, it is important for patients to select a gestational carrier with whom they feel comfortable. To assess the compatibility between the intended parents and the surrogate, both parties may hold several interviews and meetings before an agreement is made to move forward.

Important things to note:

  • Gestational surrogates should be between the ages of 21 and 35 and must have already delivered a live infant at full term.
  • The gestational surrogate should have a strong support network (such as a spouse or supportive family members) that will be available throughout the pregnancy.
  • All intended parents, gestational surrogates, and surrogate partners must undergo medical and psychological screening to ensure that there are no conditions present that may jeopardize the surrogate, the fetus, or the agreement.

Legal Considerations

Once a gestational carrier is selected and the screening process is complete, legal documents must be drawn up, specifying the rights and responsibilities of each party, as well as how disputes will be settled. Even if the carrier is known to the parents, such as a family member, these documents are imperative. It is advisable for the surrogate and the genetic parents to obtain separate legal counsel, to avoid a conflict of interest that would arise were one attorney to counsel both parties.

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