A Legal Foundation For Your Family

Should you choose traditional or gestational surrogacy?

On Behalf of | Jul 9, 2024 | Assisted Reproduction

For couples facing challenges in adoption, surrogacy can be an effective solution if they are looking to expand their family. Today, this process can be either traditional or gestational. While both options can help aspiring parents, they have crucial differences.

These two paths to parenthood have specific aspects that directly impact the legality and outcomes of the process. If you are considering surrogacy, you must first determine which of the two options is best for your family.

Traditional surrogacy

Traditional, straight or partial surrogacy involves inseminating the surrogate with the sperm of an intended parent or a donor. Through intrauterine insemination (IUI), a specialist uses a catheter to transfer sperm cells to the surrogate’s uterus.

In this route to parenthood, the surrogate will be genetically related to the child. Unfortunately, this aspect may lead to ethical and legal complications in the future. These issues arise if the surrogate changes their mind about giving the infant to the intended parents.

The risk of legal complications may be even greater if the intended parents used a sperm donor. In this case, the child is not genetically related to both, the intended father and mother, but related to the surrogate.

Gestational surrogacy

Gestational surrogacy is generally more expensive but more common than the traditional procedure. It is also known as host or full surrogacy.

For this process, the intended parents will provide both an egg and sperm or an embryo. Then, a specialist transfers the embryo to the surrogate, who will carry the baby and deliver them.

Since the child is not related to the surrogate, this arrangement eliminates the legal and ethical complications present in its traditional counterpart.

Understanding the surrogacy process is crucial, regardless of which option you and your partner choose. Once you make your decision, you can help the process move forward with ease by preparing comprehensive contracts and other important legal documents.