Gestational Surrogacy: Understanding the Process, Legal Issues & Meaning

Gestational surrogacy has opened doors to parenthood for individuals and couples who are unable to carry a pregnancy themselves. It can be due to medical conditions, infertility, or family structure that people choose this reproductive option as a solution. This type of surrogacy ensures that individuals and couples have a genetic link to the child and the surrogate does not.

Gestational Surrogacy – What is It

We will explore what gestational surrogacy really means, how the process works, who it’s for, and what the legal and financial considerations intended parents need to know. Whether you are researching or considering gestational surrogacy, understanding each part is the first step towards building a family.

Definition of Gestational Surrogacy

The definition of gestational surrogacy is an arrangement where one incredible and generous woman will agree to carry a pregnancy for another person or couple. She will have no genetic or biological connection to the baby. An embryo is created via in vitro fertilisation (IVF) using the intended parents’ or donors’ (if allowed) genetic material in a laboratory. It will then be transferred to the surrogate’s uterus. This procedure allows for people who cannot carry a pregnancy to become parents. Something many people dream of being.

Who Chooses Gestational Surrogacy?

Many people choose gestational surrogacy for many reasons, intended parents may be women who have medical conditions that cannot safely carry a pregnancy or are infertile, couples who are facing unexplained infertility (either due to the woman’s eggs or man’s sperm), individuals who have had a hysterectomy or other surgeries, same sex male couples who would really like to have their own biological child, or people who have had multiple failed IVF cycles.

All of these people rely on gestational carriers to achieve parenthood, and still be able to have a genetic relationship to the child.

Who Can Be a Surrogate?

We hear the same question being asked from many women, who can be a surrogate?  This question is on many women’s lips, and it’s important for intended parents and potential surrogates to be aware of who will be applicable to be a surrogate.

Agencies and fertility clinics apply rules and requirements to make sure the health and safety of the surrogate mother and the baby are cared for. However, there are some typical requirements that we can name here. Some of these are the age should be between 21 and 38, at least one successful previous pregnancy and childbirth, they are physically and mentally healthy, a non-smoker and drug-free, have a stable home environment, able to pass a criminal and financial background check, and willing to have medical and psychological screenings.

Being a surrogate comes with a lot of responsibility as it is providing someone else’s parenthood journey.

How Does Gestational Surrogacy Work?

Gestational surrogacy involves multiple steps throughout the process. It includes a number of steps, such as, screening, matching, medical procedures, and legal agreements.

Finding a Gestational Carrier

Most intended parents will choose to work with a surrogacy agency to find a suitable surrogate mother. Many agencies will have and maintain a database of qualified surrogates who have already met the strict health and lifestyle requirements. Some intended parents may know a surrogate and would like to choose them, such as a family member or friend.

Medical Screenings

The medical screenings involved in surrogacy before the embryo transfer are of high importance as they confirm if a surrogate is viable for the process. There will be tests on the blood, hormone levels, and infectious diseases. Psychological assessments will also take place as well as an ultrasound that takes pictures of the surrogate’s uterus.

All of the above screenings are important to ensure the physical and emotional readiness of the journey ahead.

The Gestational Surrogacy Process

The process starts with synchronising the menstrual cycles of the egg donor or intended mother and the surrogate. The eggs will then be gathered from the donor (if involved) or the intended mother, and the sperm collected from the intended father or donor (if involved). The fertilisation will then take place in a laboratory, and finally, one or more embryos will be transferred to the surrogate’s uterus. If the transfer is successful, a pregnancy will be confirmed via a human chorionic gonadotropin (hCG) test that measures the level of the hCG hormone in either the blood or the urine.

During the pregnancy, the surrogate mother will receive any prenatal care. She will deliver the baby who will then be a part of the intended parents family.

Legal Considerations

The legalities of surrogacy can vary by country and states. The advice that many people will read is to research the local laws of the country or state that you are considering to proceed with surrogacy.

In every country and state, it’s very important to have legal agreements made and signed prior to the process starting. It’s even more important to ensure the intended parents will be the legal parents once the child is born as without this legality, issues in custody and parental rights can arise.

Gestational Surrogacy Agreements

A legal surrogacy agreement covers a number of things and should always include the responsibilities of each party, the compensation details, insurance and medical decisions, the birth plan, any post birth procedures, consent and the expectations of each party.

Any agreement should be drafted by legal professionals who have experience in the reproductive law in their country to protect everyone involved

Costs Associated with Gestational Surrogacy

There are many costs included with gestational surrogacy and knowing what you should expect helps intended parents plan accordingly.

How Much is Surrogacy for Parents?

The intended parents can expect the costs to range between $80,000 and $150,000. All the costs include the agency fees, the surrogate compensation, medical procedures such as IVF, prenatal care, delivery, legal and administrative costs, and the insurance coverage for the surrogate.

Every case is unique, and costs are reliant on the location, the agency, and the specific medical needs.

How Much Does a Surrogate Receive?

Surrogates are compensated for their time, effort, and physical commitment. The average amount they can receive is between $35,000 and $50,000 as a base compensation, but they can also receive additional payments for maternity clothing, travel to appointments, medical appointments, any if there any complications these will be covered too.

The compensation they receive is a reflection of the significant responsibility and care involved for carrying a child for someone else.

Are There Risks?

Gestational surrogacy is generally safe, but there are some potential risks that everyone involved in the process should be aware of. The types of risks that come with gestational surrogacy include physical complications, emotional challenges for both parties, legal disputes, and medical risks associated with IVF or medication.

It is advisable to work with an agency who has an experienced team to help reduce these risks.

Benefits of Using a Gestational Surrogate

There are many benefits from using gestational surrogates, the advantages include being biologically related to a child, controlled and medically supported path, reduce emotional and physical stress on intended mothers, and creates opportunities for same-sex male couples or single men to become fathers.

As well as the above, if you have professional support in the surrogacy process it can be a positive and life-changing journey and experience for everyone involved.

Start Your Gestational Surrogacy Journey with Us!

We, at Embrymama, understand how important surrogacy is to anyone researching or considering it. If you are hoping to be a surrogate mother or are hopeful intended parents, we are here, on hand, and we want to help you build your family when other options have been exhausted.

Our experienced team of consultants, medical professionals, and legal partners are willing to guide and answer any questions from you. We want to support you through your journey. Please contact us should you have any questions and we will respond to you in a timely manner.