Virginia Frank, Adoption & Surrogacy Attorney | A Family Building Law Firm | Practice Limited to Adoption and Assisted Reproductive Technology Law

Different Types of Surrogacy

By: Virginia Frank

Published On: Dec 06, 2019

Different Types of Surrogacy

Terms and types associated with surrogacy are often used interchangeably, which explains the confusion surrounding the concept of surrogacy itself. However, the two main types of surrogacy are known as “traditional surrogacy” and “gestational surrogacy.” Two sub types are “altruistic” and “compensated.”

Traditional

This type of surrogacy involves a woman who carries a child who is biologically related to her. She is artificially inseminated with the sperm of the intended father, and her eggs are used to conceive the baby. She then carries the baby to term and delivers him or her. Terms that are often associated with the woman carrying the baby are: partial surrogate, natural surrogate or, simply, surrogate. Traditional surrogacy is also sometimes known as straight surrogacy.

With traditional surrogacy, typically the male intended parent will go to a fertility clinic and donate a semen sample, where it is then cleaned and prepared by the clinic staff. If this isn’t possible, or the intended parents are looking to reduce the cost of surrogacy, they can use a sperm donor.

From a legal standpoint, traditional surrogacy comes with an increased risk of complications. For instance, with a sperm donor, the child is not biologically related to one of the intended parents. Rather, he or she is related to the surrogate/ biological mother. Thus, an adoption process may be required to establish parenthood for the intended parents. Even if the child is genetically related, there is a risk that — despite the contractual agreement between the surrogate and intended parents — the surrogate can change her mind. Because of the risks involved, traditional surrogacy is rarely used and not as highly recommended.

Gestational

This type of surrogacy is also known as “host surrogacy” or “full surrogacy.” Legally speaking, it is a less complicated process, because at least one intended parent is genetically related to the child, making second parent adoption necessary. Individuals who have struggled with infertility, prospective single parents or same sex couples are good candidates for gestational surrogacy. Anyone unable to carry a child to term, and who doesn’t want a biological tie between their carrier and child should consider gestational surrogacy as well.With gestational surrogacy, the child being created is not related to the surrogate mother — or gestational carrier, as she is often otherwise referred to. Rather, the embryo is implanted via in vitro fertilization (IVF) and uses the eggs and sperm donated from the intended parents. It is then transferred into the chosen carrier.

Different Types of Surrogacy

Determining which type of surrogacy is right for you is best achieved through an appointment with your doctor or medical provider. Be sure to research all the options available to see which one fits best for you.