Types of Surrogacy – Which is Suitable for You

It can be a difficult choice choosing the right surrogacy path for you. It can even feel overwhelming when you are reading the medical terms, legal jargon, and the emotional decisions that come with it. Gestational and traditional surrogacy to altruistic and commercial agreements, each come with their own process, benefits and challenges.

We understand that people want to make the right choice, and in order for them to do that they need to understand the differences to make an informed, and confident choice. Therefore, we have broken down the various surrogacy types in our article for people. We will explore the key features, and help you evaluate which option is better for your needs, values, and circumstances. Whether you are a couple, single person, or a member of the LGBTQ+ community, by the end, we want you to feel better prepared to take the next step in building a family.

Introduction to Surrogacy

Reproductive technology has advanced over the years allowing for people who cannot have children to become parents. Surrogacy is one of the key benefits that came from the advancements. The process involves three parties, we have the intended parent or parents, the surrogate mother, and a medical team including psychologists. Surrogacy agencies, and lawyers are usually involved too.

There are many reasons why people turn to surrogacy, it can be due to the absence of a uterus or a serious genetic condition that can make pregnancy dangerous or even impossible, as well as same-sex couples or single people who want to have a genetic relationship to a child.

People will see that there are different surrogacy programmes available, they will have differences, such as the medical, legal, ethical, and organisational specifications.

Let’s take a look at what types exist and how to choose the right one!

Gestational vs. Traditional Surrogacy

Gestational surrogacy is the more secure type legally. The surrogate mother would not have a genetic link to the baby, the embryo is created from the parents’ or donors’ oocytes and semen (eggs and sperm) and transferred via in vitro fertilisation (IVF). This type of surrogacy is practiced in a number of countries, some of these are Russia, Georgia, United Arab Emirates, and Kazakhstan.

Traditional surrogacy is less secure legally as it involves using the surrogate’s own oocyte, making her the biological mother. This type also comes with emotional complications, especially if the surrogate changes her mind about giving the child to the intended parents. This type of surrogacy is allowed in the US and the UK.

Commercial vs. Altruistic Surrogacy

Altruistic arrangements do not include financial compensation for the surrogate mother to carry the baby. The intended parent or parents will cover the medical and living expenses only. This type of surrogacy is used in countries where commercial arrangements are illegal, like, the UK, Canada, and Australia.

Commercial arrangements do have financial compensation that is a fixed amount for the surrogate mother. Additionally, there are payments for different stages and potential risks on top of the base pay. This approach is regulated by surrogacy laws in countries like the U.S., Georgia, Dubai, Kenya, Colombia and many more.

Commercial arrangements are beneficial as they are more structured and professionally managed, they usually involve clear legal frameworks, financial agreements, and defined responsibilities for all parties involved. Whereas, altruistic arrangements are preferred when each party knows and trusts each other.

Agency or Independent

Using an agency is highly advisable as they provide full support, getting people from A to Z. They will organise the search for a surrogate, the legal documents, IVF, health monitoring, assist with payments, and post-birth. Choosing to go with an agency will give you pros such as safety, experience, and a reduced risk.

Having an independent agreement is considered extremely complicated, whilst it may be much cheaper it comes with a lot more responsibility. People must find their own surrogate, negotiate their terms, draft contracts, arrange the medical screenings, and manage the payments and deadlines themselves. With an independent agreement it has a lower cost and a flexible interaction format. People must also note that in jurisdictions where there aren’t any established surrogacy laws, an independent arrangement can result in surrogacy contracts not being legally enforced, which in turn leads to serious legal, financial, and ethical complications for the intended parents and surrogates. Even in jurisdictions where surrogacy is legal, most of the time the legislation does not provide detailed procedural guidance relating to the documentation and case handling. It is advised that expert legal guidance is strongly suggested when intended parents and surrogates consider this route to help avoid delays, misunderstanding, or legal challenges that may arise.

Domestic or International Surrogacy

People must also consider whether they want to choose domestic and international surrogacy.

Domestic surrogacy is going through surrogacy in the intended parents home country, it will give them easier clinic visits, direct communication with the surrogate mother, and no language or visa barriers.

International surrogacy reduces the costs and can help save some money if surrogacy is illegal or too expensive in the intended parents’ home country. People tend to choose places like Georgia, Colombia, or Kenya. There are things to note in international surrogacy, such as obtaining citizenship for the baby, translating and making sure documents are legalised, a clear and precise contract as well as understanding the laws locally.

Legal Risks of Traditional Surrogacy

Some people may think that traditional surrogacy is more simple as there is no IVF or donor material, however, it can come with a number of legal and emotional risks.

The main concern is the surrogate mother is the genetic mother which can lead to her refusing to hand the baby over after the birth, court disputes over parental rights, and the law not recognising the intended parents as the legal parents of the child.

In many countries, traditional surrogacy is banned or unregulated. Even though some countries allow this type of surrogacy, most agencies will avoid the traditional route.

In conclusion, traditional surrogacy requires much more legal preparation and trust, and it is not advised for those looking for a lower risk surrogacy option.

Popular Countries for Surrogacy

There are multiple popular countries for surrogacy.

Firstly, we have Russia as they use the gestational surrogacy type, it has legal recognition for parents without having to go through a court process, and a strong medical base. However, Russia has limited access for the LGBTQ+ community as well as non-residents.

Second is Georgia, they have a fast registration, clear legal framework, and are open to heterosexual couples and single parents (male or female).

The third country to consider is Kazakhstan due to them having stable laws, developed clinics, and agencies providing surrogacy programmes.

Here are some further countries to also consider;

• Kenya is affordable, however it requires careful research and vetting of the clinics and lawyers.
• Colombia is one of the few options for LGBTQ+ families. It is affordable but can be more complicated relating to citizenship procedures.
• The U.S.A. has the highest legal protection, they are open to the LGBTQ+ communities and singles, but they are considered the most expensive.
• Canada and the U.K. only allow altruistic surrogacy. They come with many restrictions, extremely long waits, but they do have high medical standards.

What to Ask the Agency Before You Start

People will ask agencies a number of questions, but everyone must consider asking more complex questions to agencies to make sure they are getting the information and guidance they need.

One of the questions we consider to be of high importance is “Who are your partners relating to the clinics, doctors, and lawyers?” It is good for people to know who they would be working with.

Other questions to ask an agency are, how many years have you been around (operating)? How many surrogacy programmes have you completed? How do you screen a surrogate mother? Have you had experience with a family like my own or a dynamic like mine? What are the costs included? What additional costs should I be aware of? How is legal parenthood established? What kind of support does the surrogate mother receive during the pregnancy?

How to Choose a Surrogate Mother

This is one of the other main questions that we hear. The ideal surrogate, should be between the ages of 21 and 40, healthy both physically and mentally, have at least one child of their own, lives in the region where surrogacy is legal, has had a medical and psychological screening and passed.

It’s also very important to consider whether they have addictions, harmful habits, any debt issues, or motivation to hide the relevant facts.

Let’s take a look at an example of a woman called Paula who is 32 from Tbilisi. She has two children, with uncomplicated deliveries. She has a stable family, and has been fully screened. Her state of mind, psychologically, is stable, she is open to communication. It’s good to make sure she is not participating just for money, but is doing it to help others.

Psychological Support and Communication Comfort

The emotions involved in surrogacy are an important part of the process. Each party, the surrogate mother and intended parent or parents, must clarify things like clear communication boundaries, shared views on pregnancy termination for medical reasons, and understand the post-birth roles.

It’s recommended by psychologists to discuss certain points in advance. These are how you will communicate, whether the surrogate will see the baby, and whether a surrogate would prefer to remain anonymous.

Which Model to Choose – Tips Based on Your Case

Some tips that we can provide you with advice on is if you would prefer to have the maximum legal protection, we would suggest choosing a gestational route through an agency in a country with a clear surrogacy law.

Another tip is if your budget is limited, consider an international route with legal support. Agencies like us can help you with this also, please get in touch if you would like more information.

We understand if you prefer a more personal experience, in that case, we would suggest an independent altruistic route. BUT, if a genetic link is highly important to you, it is best to take the gestational surrogacy route.

The type you choose should be safe, legal, ethical, and aligned with your values.

Legal Recognition of Parenthood by Country

The most important aspect of any surrogacy route is how the intended parents will be established legally. In countries like Russia and Georgia, intended parents are listed on the birth certificate from the beginning. In the United States, it can vary for each state, some states can require a pre-birth order, others will require a post-birth adoption or court process. In the UK and Canada, initially the surrogate mother is the legal mother, and the intended parents must apply for a parental order after birth.

Each difference mentioned above really impacts the timelines, travel, and legal costs. If people want to make sure there is a smooth recognition of their parental rights, it is advised to work with a qualified lawyer who is aware of the surrogacy laws in the country the intended parents are considering or going through surrogacy.

Post-Birth Considerations for Intended Parents

Once the surrogate baby is born, the responsibilities don’t end. People may need to manage citizenship applications, arrange for a passport and travel documents, and sometimes DNA tests depending on the destination country and the legal system. Some countries will require people to provide additional documentation to exit the country or enter their home country with a newborn baby. This is why it is especially important to continue and maintain communication with the legal and medical professions during this step. It’s strongly advised that the intended parents, if they have chosen to have surrogacy abroad, have a local legal team on standby at the time of birth.

More Tips on Choosing the Right Type of Surrogacy

When people research different surrogacy paths, it is wise to consider how much emotional involvement you expect. Some intended parents prefer to have a close bond with a surrogate, receive regular updates, and be involved during the delivery. Whereas, other people prefer a more formal and distant interaction with the surrogate mother.

The financial planning is just as important, it’s advised to keep a 10-15% above the costs already agreed in case of any unexpected expenses such as additional IVF cycles or an early delivery.

Finally, you must think about how much time you can dedicate to managing the process. If you are the kind of person who has a tight schedule, a surrogacy agency would be a wise choice as they will provide the structure and oversight you need.