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Gestational Surrogacy: What the Law Says

 

Gestational Surrogacy is the most common form of surrogacy that is performed in the United States, and for good reason.

Gestational surrogacy has become the gold standard for all assisted reproductive treatments that require surrogacy. Almost all advancements in both surrogacy technology and litigation are concerned primarily with gestational surrogacy. With gestational surrogacy, both genetically and lawfully, the child belongs solely to the intended parents. Starting a family of your own can be a difficult process for some couples and by first understanding, your legal rights as a parent will help you choose the surrogacy program which is right for your family.

If you or your partner has received the heart-wrenching news that you cannot safely carry a child of your own, don’t despair. Gestational surrogacy is an option that has been available since the 1980’s. Since then, states and countries worldwide have developed laws that will help make your, and your family’s, dreams a reality.

What is Gestational Surrogacy?

Gestational surrogacy is when a woman who is of no genetic relation to the intended parents or the future child, is implanted with genetic material from the intended parents and carries the pregnancy to completion. Gestational surrogacy can be carried out either domestically or internationally. Additionally, gestational surrogacy in the US can be compensated or altruistic, depending on the laws of the surrogate mother’s home country/state, and the preferences of the intended couple and surrogate mother.

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What are the Benefits of Gestational Surrogacy?

Gestational surrogacy provides both intended parents and surrogate mothers alike with a myriad of benefits. Most of the benefits of gestational surrogacy have to do with legal protections of all parties involved.

Versus Traditional Surrogacy

Traditional surrogacy is a surrogacy in which the surrogate mother supplies the egg to produce the child and is otherwise artificially inseminated with the intended father’s sperm. Traditional surrogacy can blur the lines between the child’s legal parentage and can result in emotional difficulties for the surrogate mother. Knowing that she is carrying a child that is directly related to her, but will have to give up, can be hard.

Genetic Benefits

The genetic benefits of gestational surrogacy are essential that the future child is an exact genetic heir of the intended parents. In most gestational surrogacies, the intended parents both supply genetic material (egg and sperm) to create the child. In the event that one intended parent is unable to supply genetic material for the child, donor material can be used.

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