What is surrogacy?
Surrogacy is a social arrangement, usually bound by a contract, in which
a woman, also known as a gestational carrier, agrees to carry and birth
a child(ren) for another person or family with the help of assisted reproductive
Are there different types of surrogacy?
There are several different types of surrogacy:
Traditional: Gestational mother’s eggs are fertilized with sperm from an intended father.
Gestational: Accomplished through the Vitro Fertilization/ Embryo Transfer (IVF/ET),
a process where eggs are retrieved from the intended mother (donor) and
fertilized with the sperm of the intended father (donor). The resulting
embryos are transferred into the womb of the surrogate. After the embryo
transfer, the pregnancy is just like any other. When the baby is born,
the intended parents will obtain parental rights.
Domestic: Both the gestational carrier and intended parent(s) live in the same country.
International: The gestational carrier and intended parent(s) live in different countries.
Altruistic: The gestational carrier doesn’t receive payment beyond pregnancy-related expenses.
Commercial: The gestational carrier receives payment.
Who is a good candidate for becoming a surrogate?
Someone considering becoming a surrogate should meet the following minimum
requirements: good physical and medical health, parenting a child or children
who were born to you, no more than two previous C-sections and no more
than five previous births, willing to take medication and attend doctors
appointments, living in a safe and financially stable environment.
Surrogate qualifications for becoming a surrogate may include:
- Are between the ages of 21 and 39
- Have had at least one healthy, uncomplicated pregnancy
- Must be actively parenting at least one child
- Are healthy and free of sexually-transmitted diseases
- Do not smoke or take illegal drugs
- Are not alcohol dependent
- Are not currently on public assistance
- Can pass a background check
- MUST LIVE IN THE UNITED STATES
- Be able to travel as needed for appointments
- Have a stable lifestyle and support system
Are there legal/medical risks for the surrogate?
Depending on the agency you work with, the type of surrogacy you agree
to, and the contract terms, the legal, medical, and financial services
are maintained, and the surrogate typically receives financial support,
medical attention, and legal advice.
How long does the surrogacy process take?
The entire process generally takes about one to two years, but the exact
timeline may vary.
How old do you have to be to use a surrogate mother?
You must be at least 21 years old to use a surrogate.
Is surrogacy legal in all 50 states?
No. Surrogacy laws vary by state. We will be happy to discuss whether it
is legal in your area when you call or
contact us online.
Who works with a surrogate mother?
There are different people who may seek a surrogate:
- People who have struggled with infertility.
- Single parents.
- Same-sex and LGBTQ couples.
- Anyone who is unable to safely carry a pregnancy.
How can I find a surrogate?
Either through your own networking/advertising efforts or through the help
of an agency.
Can I be a surrogate if I don't have insurance?
Yes. If you do not have health insurance, a surrogate-specific medical
plan may be purchased for you by the intended parents for the duration
of your pregnancy.
Can I be a surrogate if I'm a single mom?
Yes. We believe single mothers are just as capable of being surrogates
as women who are married. If you are single, it is very important that
you have some type of support system in place prior to committing to any
Once I'm pregnant, what are my responsibilities?
Surrogate mothers need to live a healthy lifestyle and take care of the
life that is growing inside of them. During this process, we ask you to
stay in regular communication with us and inform us of any appointments
or pregnancy-related questions.
Will I be biologically related to the baby I am carrying?
As a gestational surrogate, you will not be biologically related to the
baby that you are carrying for the intended parents. As a gestational
surrogate, your eggs will not be used. The eggs of the intended mother
or the egg donor will be used.
Will the birth certificate have my and/or my husband's names on it?
Your name and your husband/spouse’s name will not be on the birth
certificate. The intended parents will be the ones who will have full
parental rights to the baby, and it will be their names that appear on
the birth certificate.
How much contact occurs during the surrogacy journey?
The amount of contact varies case by case. Contact is determined by the
surrogate mother and the intended parent(s)’ preferences identified
during the match. Some cultures are a little more closed off than others;
however, the relationship and communication may develop as the journey
What is a backup insurance policy?
Gestational Carriers shall have in place an insurance policy which will
cover the entire pregnancy. It is recommended that the policy be in effect
6-12 months post-pregnancy in the event that the Gestational Carrier would
need it after she gives birth.
In addition to having a primary insurance policy, a backup insurance policy
is highly recommended. A backup insurance policy is a policy which covers
the Gestational Carrier during her pregnancy, just in case the primary
insurance she is carrying does not cover her pregnancy related medical
expenses. If there is ever an issue with the primary policy not covering
the pregnancy related medical bills, Intended Parents would be limiting
their liability to the cost of purchasing the backup policy.
For more information and to talk about your goals and needs,
contact our Colorado, Oklahoma, and New York surrogacy lawyers. We’re standing
by to help!