Table of Contents
Understanding the Different Kinds of Surrogacy
Surrogate is a general term referring to a woman who is pregnant with another person. A person or couple who is commissioned to have a baby assisted by a surrogate mother is known as an intended parent or parent.
While the surrogate is pregnant and giving birth, the intended parent raises the child and is listed as the actual parent on the birth certificate.
There are two main types of surrogacy: traditional surrogacy and pregnancy surrogacy.
Traditional surrogate definition
A traditional surrogate mother is a person who is genetically related to the child she is carrying. Typically, a male’s intended parent provides a semen sample, which is washed and prepared in a reproductive clinic, and then undergoes a fertilization procedure. In other cases, a sperm donor is used.
In traditional surrogacy, the surrogate mother’s own eggs are used. In pregnant surrogacy, the surrogate is not genetically related to the baby.
Insemination may be through IUI or other forms of artificial insemination.
Traditional surrogacy may be referred to as partial surrogacy, traditional surrogacy, natural surrogacy, or surrogacy.
This procedure is sometimes known as a direct proxy.
Due to legal complications (where the surrogate is genetically related to the child and gives birth), traditional surrogacy is not as often used or recommended as pregnant surrogacy.
Pregnancy surrogacy definition
A pregnant surrogate mother (or pregnant carrier) is not genetically related to the child she carries.
In a pregnant surrogate mother, the intended parent maybe the baby’s genetic parent, or an egg donor or sperm donor may be used with the intended parent’s spouse. Another possibility is that egg donors and sperm donors are chosen by the intended parents, or embryo donation can be used.
Pregnant surrogacy is the preferred method of surrogacy because of the legal complications that can occur with traditional surrogacy.
A gestational surrogate is also called an IVF surrogate, host surrogate, or full surrogate.
In gestational surrogacy, eggs and sperm are taken from the intended parent, as in an IVF procedure, and all resulting embryos are transferred to the pregnant surrogate mother.
Other possibilities include the use of an egg donor with sperm from the intended male parent, an egg donor with a sperm donor, or an embryo donor.
In some states and countries, surrogacy agreements can only be made if the baby is genetically related to at least one of the intended parents. No problem elsewhere.
Commercial Agent Definition
The term commercial agent refers to a contract in which the agent receives more than its expenses as a financial reward. This is legally agreed upon in some states and countries.
Commercial representation is illegal in some areas. The intended parent may pay for medical expenses, legal expenses, lost work, or other “reasonable expenses”, but cannot pay the surrogate purely for the role of a surrogate.
There are places where the form of surrogacy is illegal and contracts recognizing the intended parent as bona fide parents are not recognized, valid, or enforceable.
While surrogacy agreements cannot be enforced even in states or countries where surrogacy is technically legal, other states and countries do enforce surrogacy agreements.
Due to the complexity of agency contracts, it is very important to seek legal advice and consult with an experienced psychologist about representation.
Additionally, it is essential to do a lot of prior research on surrogacy and other family construction options to avoid potential problems or costly (emotional or financial) mistakes. Unfortunately, there are scammers trying to steal money from those looking for surrogacy.
If the negotiation sounds too good, or if the parties involved claim that they haven’t found their own lawyers, go away.
Surrogacy Facts
How to become Parents through Surrogacy
The process from choosing a surrogate mother to giving birth to a baby.
Surrogacy helps women raise a family when they are unable to conceive. A surrogate mother conceives with the original intention of giving the baby to her parents to the parent who has delegated it to the surrogate mother. Ideally, the intended parent would be listed on the birth certificate.
When is surrogacy used?
Surrogacy is primarily used when a woman is medically incapable of becoming pregnant. Here’s why:
- Absence of uterus, müllerian aplasia known as birth defect
- pre-hysterectomy
- Uterine malformations that interfere with embryo transfer or cause recurrent miscarriages
- Incurable Asherman Syndrome or Uterine Adhesion
- Unexplained recurrent miscarriages, not resolved by other treatments.
- Repeated embryo transfer failures during IVF treatment
- Medical conditions that can make your pregnancy life-threatening, including a history of severe heart disease, lupus, breast cancer, severe kidney disease, cystic fibrosis disease, severe diabetes, or a history of severe pre-eclampsia with HELLP syndrome
Surrogacy can also help gay male couples become parents.
There is a myth that surrogates are often used by women to protect themselves from the physical burdens and aftereffects of pregnancy.
This is not true.
Proxies require intense financial and emotional investments and are not used to avoid a few stretch marks.
How to find and choose a representative
An agent can be a friend or family member or someone you know, such as a stranger commonly found through an agency.
There are pros and cons to using someone who knows about proxy contracts. One possible benefit is that the surrogate can easily maintain a lasting relationship with your child if it is important to you as a parent. One of the potential drawbacks is that there is a rationale for the parent’s decision, especially if the future role is not fully understood, consented to, or archived.
If you decide to use an agency to find a surrogate for pregnancy, you should discuss it with your fertility clinic or local RESOLVE support group . They should be able to recommend agencies that have had positive experiences in the past.
It’s important to get a reference for the institutions to consider, do a lot of research, and feel comfortable making decisions before moving forward.
If something doesn’t feel right , listen to your gut, even if you ‘ve received positive reviews about the agency from others .
Surrogacy is complex and full of legal and emotional difficulties. It’s important that every member of the family building team is right for you and best fits your situation.
Some people think they are going “independently”. In other words, you are looking for an agent (someone unknown to you) without the help of an agent. While finding a representative independently is less expensive, it is better to use an agent for complex deployments. It will be less stressful for you and the surrogate mother.
In some countries, it is not legal to find a representative without their help.
What is a Surrogate Process?
As mentioned above, surrogates in pregnant women have four potential options for conceiving children.
- Intended parental use of eggs and sperm. In this situation, both intended parents are genetically related to the child.
- Use of eggs or sperm from one parent along with donor eggs or sperm. In this situation, one of the parents is genetically linked to the baby.
- Both donor eggs and donor sperm are used. In this situation, the intended parent is genetically unrelated to the child. (May cause legal complications in some areas.)
- Use of donor embryos. This will also not lead to a genetic relationship with the baby, which may lead to legal issues in some areas.
To somewhat simplify what is already a complex process, this description assumes that the expected parent is providing eggs and sperm for conception.
First, the intended parent is an option for surrogacy to have children, and the intended mother and father will decide with the help of a doctor that they have eggs and sperm healthy enough to conceive a child. Intended parents should undergo a psychological examination or evaluation to fully understand the risks and possible complications of IVF surrogacy, and to help them think and understand their other options, including adoption of their child. This can happen before or after the parent finds a dealership.
Then, the intended parent must find a surrogate agency that suits their needs. You may consider getting a referral from your local doctor or clinic, your local RESOLVE branch, or a psychologist you have been consulted about.
Before choosing an agency, parents should seek references, consult with the agency’s representatives (both surrogate and parent), research the agency, and hold a meeting with the agency representative.
Once an agency has been selected and a fee schedule for the agency has been discussed and agreed upon, the intended parent will be presented with a proxy profile that the agency deems most appropriate. If a surrogate is determined to be right for the parent, the surrogate can “meet” the parent via conference call. If it goes well, the next meeting will be in person. (It’s not always necessary, but it’s okay if you need to travel.)
If the intended parent and surrogate are considered a match, the surrogate will undergo a medical and psychological examination (which may be repeated even if there was a previous examination). Once she passes the screening, the intended parent and surrogate will negotiate a contract with the help of an experienced surrogacy attorney. The agency may suggest an attorney or choose your own.
Most importantly, it is not a good idea for you and your agent to share one attorney. It may seem like saving money, but there is no risk that your (or your agent’s) best interests will not be fully expressed.
Once the contract is signed, fees are negotiated (part of the contracting process), and all surrogacy payments are put into an escrow account, you will provide all information and paperwork to the fertility clinic. Now, the surrogate process itself can begin.
Pregnant surrogates and intended mothers will cycle through birth control pills and hormone injections over and over again. Once the treatment cycle begins, the intended mother will go through the beginning of IVF treatment, which includes injections that stimulate the ovaries and monitor them through ultrasound and blood work.
In the meantime, the surrogate mother will be taking hormones that help prepare the uterus for embryo transfer.
On the day of egg extraction, the intended father will provide a clinic sample to the clinic. The extracted egg will be combined with the intended father’s sperm. The resulting embryos will be kept for several days to determine viability.
Three to five days after retrieval, a carefully selected number of embryos are transferred to the womb of the surrogate mother. You may need to take hormone supplements in the form of injections or suppositories to help get pregnant.
If the cycle is successful, if a heartbeat is detected, the surrogate will take care of the regular OB/GYN. During pregnancy, there may be communication between the parent and the surrogate mother, either directly or through a mediator. The level and kind of communication agreement must be agreed upon prior to the surrogate agreement, so parents don’t feel left out and surrogates don’t feel micromanaged or overwhelmed.
As the time of birth approaches, the surrogate mother may have to temporarily relocate to another state or country where legal representation agreements are legally recognized. This may not be necessary if the agent already resides in an agent-friendly country or country, and ideally, it is best to select an agent as the agent.
All this should be done with the help of an attorney during the contracting process.
If it is confirmed that the pregnant surrogate is in labor, the pregnant parent is contacted. Hospitals were required to be informed of representation agreements in advance so that appropriate communication and access could be provided to all parties involved.
Whether the intended parent will have a surrogate mother during or after birth is up to an agreement between them, hopefully it has been decided before. Some surrogates are happy to accept their parents, while others may demand privacy for all or part of their labor.
When a happy and healthy birth is achieved, parents should hold the baby right after birth. In some surrogacy agreements, the pregnant surrogate mother can agree to provide her baby with breast milk for a period of time.
Attorneys must prepare parental rights or prenatal order documents prior to birth and must be available at the time of birth or birth. This will show the parent’s name on the birth certificate instead of the surrogate’s name.
In some states and countries, it can take days or weeks before the surrogate can verify the intended parent as the true parent.
While we always hope to succeed, the IVF cycle is unsuccessful and it is possible that multiple cycles will be tried. It is not possible because the IVF cycle may be canceled prematurely for medical reasons, the embryo may not survive, the viable embryo may not conceive, or the surrogate mother may abort.
Other potential complications for surrogacy include high-grade multiple pregnancies, which can lead to elective fetal decline (which should have been discussed before signing a surrogacy contract). The discovery of birth defects, which can cause problems terminating the pregnancy. Or limit the number of complications of pregnancy with a surrogate mother or baby.
All of these situations should be discussed prior to entering into an agreement to ensure that the agent and the intended parent agree on how to handle the situation.
How much does an agent cost?
The cost of surrogacy depends on several factors, including whether the surrogacy is known as “commercial surrogacy” (which means that the surrogate will be compensated for her services as the surrogate) (usually in the United States). In connection with the donation of a spouse or embryo. The level of experience of the surrogate will also affect the price, and an experienced surrogate will cost more.
That means it ranges between $50,000 and $100,000, which includes statutory fees, agent fees, IVF fees , and agent payments.
A proxy agent is usually paid between $2,000 and $35,000. Payments are made as part of an escrow account that must be set up prior to the IVF procedure, check heart rate, and be delivered every few months.
Insurance usually does not cover agency contracts, but in some cases it does cover specific procedures, such as IVF treatment. The prenatal and birth of a surrogate mother may be covered by some insurance companies, but some contain surrogacy exclusions. (It is ideal to find out who is covered when choosing an agent.)
However, coverage for full representation agreements is rare and not fully reimbursed, so you will have to pay for the entire process.
Steps to take to become an agent
Women who decide to become surrogates say that they love to get pregnant and often like to undergo miracles of birth. But they end up having their own children. They truly want to help couples have children. Sometimes a friend or family member asks. However, even a surrogate mother who is a friend or family member should be positive about pregnancy and childbirth.
There should be no pressure to agree to a representation agreement. While attorneys are paid for their time, it is rare to find an attorney who is only in this for money. Women who primarily think about rewards due to psychological screening may be turned down early in the process.
A proxy average fee of $20,000 to $35,000 may sound high. But given the time and effort involved, and the nine-month, 24-hour commitment to pregnancy, a woman would do more per hour than being a proxy at a fast-food restaurant. Deputy is not a wealthy quick plan. It is a compassionate path to help bring life to this world and create a family that we cannot do without your help.
What is the difference between traditional surrogacy and pregnancy surrogacy?
If it is a traditional surrogate mother, it is genetically related to the baby.
Because your eggs are used. In this case, it is the egg donor and the proxy.
Sperm can be donor sperm or come from one of the intended parents. Sperm is transferred to the uterus through fertilization, usually intrauterine fertilization ( IUI). In surrogacy during pregnancy, also known as IVF surrogacy , it is not genetically related to the baby.
The intended mother may be the genetic mother or an egg donor or embryo donor may be used. Surrogacy during pregnancy is preferred because of the legal and emotional complications that can occur with traditional surrogacy.
Who will help you as a proxy?
A surrogate mother can help a couple become pregnant or have a child they cannot give birth to. In some cases, uterine complications such as incurable uterine adhesions, abnormal uterine shape, or complete absence of the uterus are due to a hysterectomy or a birth defect known as müllerian agenesis. Some women may have experienced repeated miscarriages or repeated IVF embryo transfer failures.
Another reason couples need surrogacy is that the intended mother makes the pregnancy a life-threatening condition. May include a history of severe heart disease, severe kidney disease, breast cancer, severe diabetes, lupus, cystic fibrosis, or a history of severe pre-eclampsia with HELLP syndrome . Surrogacy also helps male homosexual couples have children.
Qualifications to become an agent
Some surrogacy qualifications apply only to fertility clinics in which the intended parent works together and should be considered as general guidelines.
The representative must:
- You already have children and, ideally, are raising them now. Also, it is ideal for agents to have their own children.
- I have already experienced uncomplicated pregnancy and childbirth.
- You must be generally healthy (no sexually transmitted diseases or serious health complications that could threaten the health of you or the baby you are carrying).
- Maintain a healthy weight .
- I have never given up my child for adoption in the past.
- Get health insurance that covers maternity and childbirth and has no surrogacy exclusions. State or federal insurance, such as Medicare, is never an agent.
- Get life insurance for rare and life-threatening complications.
- If bed rest or pregnancy problems are interfering with your work life, a stable income will not be intimidating.
- You are over 21, but under 35. (Age guidelines vary by clinic.)
- There is no history of substance abuse or alcoholism.
- Support your husband or partner. The agent’s partner may also need to consent to being tested for sexually transmitted diseases.
- You live in a surrogate-friendly state (or country).
- You can make doctor appointments ( monitoring maternity clinics and embryo transfer) and make appointments for antenatal care later.
- Maintain a flexible schedule with reliable child care facilities. In particular, it can replace fertilization or embryonic transmission factors.
- You should be willing to accept fertility tests, general medical tests, psychological exams, intensive time appointments (especially during IVF courses ), and hormonal medications (including injections or suppositories) to help start or support pregnancy .
- Be willing to maintain open communication with yourself, your doctor and your parents, or an agreed-upon moderator. She should be willing to respond individually or in consultation with her parents if communication problems arise.
- Please understand that bed rest (especially if there is drainage) may be involved.
- You may be willing to abstain from sexual intercourse with her partner until pregnancy is established and have your baby genetically tested during or after pregnancy.
- Please understand that pregnancy is not guaranteed.
This should not be considered an exhaustive list, but should give you an idea of how surrogates are involved.
Can I get paid for providing Surrogacy Services?
Most agency agreements in the United States are commercial agencies. This means that the agent gets paid for her services. Rewards vary, but average between $20,000 and $35,000.
There are states and countries where commercial agents are illegal, and agents can only be compensated for their expenses. What fees are included depends on the specific circumstances of the agent. It’s best to consult with an attorney to learn what this may involve. Compensation is usually not required if a friend or family member agrees to be your agent. The intended parent, not the fertility clinic, pays the surrogate for her services. So, if a friend or family member wants to pay, it’s important to understand that the intended parent is the one who will pay. Payments are usually made in installments. These are agreed upon before the agency contract is signed. (Must be specified in the contract.) The total cost is deposited into the escrow account before the power of attorney begins. Usually when a heartbeat is detected, pregnancy is confirmed and the first payment is given. The remainder is paid in installments as the pregnancy progresses.
Is surrogacy legal?
Surrogacy is legal in many states in the United States and many countries. However, there are some states and some countries where surrogacy is illegal. Although surrogacy is not necessarily illegal, there are places where courts do not recognize contracts. If something goes wrong, serious problems can arise. Although commercial representation is illegal in some jurisdictions, representation is permitted that does not include compensation for representation itself. Due to the complex nature of surrogacy, it is important to consult with an attorney before agreeing to a surrogacy agreement. To save money, there are couples and agents who wish to arrange things personally without the help of a lawyer or agent. This can have disastrous consequences. Sadly, there are those who are looking at possible surrogacy and intended scammers as scams.
For the best interests of the couple and their representatives, it is best to use a reputable representative (when using an unknown representative) and an experienced attorney (one representative and one representative). Talk to your local RESOLVE, Path 2 Parenthood or infertility clinic.
source :
- Bryn Stein, Peter R. “Surrogate Mothers in Pregnancy.” Human Reproduction Update, Vol.9, No.5 pp. 483 ± 491, 2003
- Brisman, Melissa B. Considerations when considering gestational surrogacy. United Nations Conference on Disclosure of Infertility Information. Accessed August 29, 2011. http://www.inciid.org/article.php?cat=thirdparty&id=786
- Sharon Ramos. http://lamothesurrogacyconsulting.com/ Email correspondence / Interview. August 16 and 17, 2011
- substitute. Human Fertility and Embryology Authority. Accessed August 29, 2011.
- Third party cloning (sperm, egg and embryo donation and surrogacy). American Society of Reproductive Medicine. Accessed August 29, 2011. http://www.asrm.org/uploadedFiles/ASRM_Content/Resources/Patient_Resources/Fact_Sheets_and_Info_Booklets/thirdparty.pdf
- Surrogacy Program (#17). Ask the question series. resolution. Accessed August 29, 2011. http://familybuilding.resolve.org/site/DocServer/Surrogacy_Programs.pdf?docID
