Then there’s gestational surrogacy, in which the woman – in this case, a “gestational carrier” – carries a baby created from the egg and sperm of the intended parents, or from other donors, but does not have any genetic link to the child.
If surrogacy is legal in the state where the surrogate lives (four states expressly ban surrogacy: New York, New Jersey, Indiana, and Michigan), the intended parents and gestational carrier will likely complete a binding contract that governs the terms of the medical care during the pregnancy and explicitly states that the gestational carrier has no legal claim to the child.
We now have the medical technology to allow people to have a genetically linked child even if the woman cannot carry a pregnancy,” said Barbara Collura, executive director of RESOLVE: The National Infertility Association If there are women who want to be a gestational carrier and the legal framework exists to ensure the surrogacy process is legal and ethical, why not let them be a surrogate?”
Surrogate mothers are impregnated through the use of in vitro fertilization (IVF) This is a treatment option for managing infertility, in which doctors create an embryo by fertilizing eggs from the intended mother or an egg donor with sperm from the intended father or a sperm donor.
We must also contract with and compensate the surrogacy agency and fertility clinic that help us find our donor and our surrogate and coordinate the many steps involved, including administering fertility drugs, harvesting eggs, implanting embryos, and carrying and delivering the baby.
Far more common today is “gestational surrogacy,” in which the surrogate is not the same woman as the egg donor, and therefore has no biological or genetic tie to the baby she carries for the “intended parents.” This approach makes it less likely that the surrogate would want to keep the baby she delivers and less likely that she would be legally successful in trying to do so.
50 Such opponents of surrogacy argue that transferring the duties of parenthood from the birthing mother to a contracting couple denies the child any claim to its gestational carrier” and to its biological parents if the egg and/or sperm is/are not that of the contracting parents.
At the beginning of the IVF surrogacy process, the biological/intended parents and the gestational surrogate will go through an assessment and laboratory tests with your clinic to make sure that you are all healthy and prepared both mentally and physically, and that there are no sexually transmitted diseases that could damage potential embryos or be given to the surrogate during the embryo transfer.
The gestational surrogate may also be called the gestational carrier” or gestational mother.” The gestational surrogate signs a contract with the intended parent or parents to undergo an embryo transfer procedure using embryos created through IVF and to carry the resulting pregnancy.