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

Gestational Surrogacy vs. Traditional Surrogacy: Pros and Cons

By: Virginia Frank

Published On: Jan 06, 2020

Gestational Surrogacy vs. Traditional Surrogacy: Pros and Cons

Now that we know more about the different types of surrogacy, it’s time to take things to the next level. To discuss the pros and cons of gestational and traditional surrogacy. When making a decision like this, it’s important to research all the ins and outs. Is one provide more benefit than the other? Is one more cost-effective than the other? Does one have more risk factors? Questions of that nature, and any others that come to mind as well. It’ll help you determine the best choice for you and the family you dream of building.Let’s dive in!

Traditional Surrogacy

As a quick recap, traditional surrogacy involves an intended father’s sperm and the chosen carrier’s egg. Both are implanted into her womb through artificial insemination. Traditional surrogacy is also known by other names, including: partial surrogacy, natural surrogacy, or straight surrogacy.

Pros:

1) the surrogate is not required to endure any medical procedure, as her eggs are not harvested

2) it typically costs less than gestational surrogacy.

Cons:

1) the surrogate shares a biological link to the child, creating potential legal issues

2) the surrogate has automatic parental rights over the child

3) intended parents would have to go to court should the surrogate change her mind

4) intended parents are also subject to stepparent adoption in order to be legally recognized as the child’s legal parents

5) many agencies do not offer traditional surrogacy; some countries and states have banned it altogether

Gestational Surrogacy

To refresh, gestational surrogacy is when the egg and sperm from the intended parents are fertilized in a lab setting until it forms an embryo. Then, the embryo is implanted into the chosen gestational carrier via in vitro fertilization (IVF). Gestational surrogacy is also referred to as host surrogacy or full surrogacy.

Pros:

1) the intended parents share a genetic link to their child

2) there’s less risk of the gestational carrier forming an attachment to the child

3) gestational surrogacy has a proven, higher success rate

4) any and all legal obligations / overall expectations are discussed upfront; all involved know their roles and responsibilities.

Cons:

1) IVF is required for gestational surrogacy and is an expensive procedure

2) the gestational carrier must endure a complex preparation process including, but not limited to: hormone injections, abstaining from sex and getting regular blood tests to check hormone levels.

Weighing the Pros and Cons

We see gestational surrogacy as the best option for families wanting to build a family. Particularly when it allows intended parents to have a biological connection to their son or daughter. The legal process is also simpler overall.However, we understand that there are many factors that go this decision and the importance of weighing the pros and cons of each option. We are happy to answer any questions or address any concerns you may have. Our organization is not associated with any one IVF clinic or physician, which permits us to help on a broader scope. What’s more, the Executive Director of Surrogacy Choices is a fellow of the American Academy of Assisted Reproductive Technology Attorneys (AAARTA), committing us to the highest standards of ethics and best practices when handling the medical, legal, and financial aspects of surrogacy.

Virginia Frank, Adoption & Surrogacy Attorney

Virginia L. Frank is an international surrogacy attorney who helps individuals and couples complete their family through surrogacy....Learn More


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