Gestational Surrogacy: Process, Risks, Laws & More

Gestational Surrogacy is also known as IVF Surrogacy or Host Surrogacy. It is a process where another person carries a pregnancy and delivers a child for someone else called the intended parents. The person who holds a pregnancy is called a gestational surrogate.

The most popular technique for gestational surrogates to carry pregnancies is In Vitro Fertilization. IVF is a process in which an embryo is formed in a lab using the intended parent’s or a donor’s egg and sperm. The surrogate’s uterus is then implanted with this embryo. Since the gestational surrogate does not contribute an egg, there is no genetic connection between her and the child.

Surrogacy: Traditional vs Gestational

In traditional surrogacy, surrogacy is genetically connected to the fetus. They produce the pregnancy with their eggs, carry the child, and deliver it. Then, as the biological parent, they must transfer custody of the child to the intended parents (or parent). Many states prohibit this surrogacy, which also presents numerous legal challenges.

In Gestational Surrogacy, someone carries a child and delivers it on behalf of another couple or individual. An individual who carries the pregnancy is called a gestational surrogate.

Need for Gestational Surrogacy

Depending on the circumstances, different people use gestational carriers or surrogates for various reasons. When the intended mother cannot carry the child, a couple may hire a gestational surrogate to take and deliver their child.

The following are a few causes why women are unable to become pregnant:–

Infertility can result from a uterine condition.
Because of a significant physical or psychiatric condition that puts them or the fetus in danger, an intended parent cannot become pregnant or give birth.
A person who has undergone a hysterectomy either lacks a uterus or has a uterine deformity.
An intended parent, like a Single Individual or Gay Couple, who is biologically incapable to conceive a child.

Sometimes Gestational Surrogacy are utilized for social reasons. A male same-sex couple/Gay Couple (or a guy alone) may decide to employ a gestational surrogate to conceive a child genetically related to one of them.

Reciprocal IVF, where one partner contributes the eggs while the other partner bears the baby, is used by Lesbian Couple/ Female same-sex couples.

Gestational Surrogate Procedure

In gestational surrogacy procedure , the intended parents’ eggs and sperm are used to develop Embryos through IVF Process in lab. The surrogate who will carry the pregnancy receives the embryo after that. Choosing a Carrier/surrogate mother is the first step in the process. The intended parents and the carrier then sign a legal agreement and undergo various physical and mental examinations. Afterward, the IVF procedure begins.

Finding a Gestational Surrogate

You should consult a surrogate agency to learn more about the procedure and associated expenses. You can find a gestational carrier with the assistance of this agency.
Agencies act as intermediaries between intended parents and surrogates to create legally binding contracts.
Some couples or individuals decide to conceive with friends or family. This is usually acceptable, but choosing a person you know could be more emotionally challenging.

A perfect gestational carrier, in the opinion of the American Society for Reproductive Medicine (ASRM), is a woman who meets the following requirement:-

A healthy individual between the ages of 21 and 45 (preferably younger than 35).
An individual who had at least one healthy, full-term pregnancy and delivery.
A person has a maximum of three natural births without a C-section.
They should possess a healthy weight for them.
Financially stable
Any further specifications outlined by the surrogacy agency.

Medical Screenings for Gestational Surrogacy

The intended parents and the carrier must have a medical examination, including a psychologist visit, to test for mental health issues, including depression.

According to the American Society for Reproductive Medicine, mothers-to-be should have a thorough physical examination to ensure they are in good health to bear a child. Additionally, the group advises that people undergo blood examinations to look for the following:-

Additionally, Surrogate Mother should be up-to-date on vaccines for measles, mumps, rubella (MMR), and Tdap (diphtheria, tetanus, and pertussis). The COVID vaccine is occasionally necessary. To evaluate the child’s risk for congenital impairments like Down syndrome, the intended parents (or the egg or sperm donors) will undergo genetic testing.

Legal Process for Gestational Surrogacy

Before beginning, IVF must fulfil the legal agreements. The agreement addresses issues such as:

After birth, the intending parents will receive the child from the gestational carrier.
The duty and obligations of the carrier during the pregnancy include going to prenatal visits, abstaining from drugs and alcohol, and more.
Payment and compensation.
Sensitive topics include fetus death, pregnancy termination, and more.
IVF risks and liabilities, pregnancy risks, and birthing liabilities.
Numerous more scenarios and events can have legal repercussions.

Related Post: Surrogacy Process Cost

Each state has its surrogacy laws. The legal aspect of the procedure can be challenging; your surrogacy agency or attorney can assist you. The use of qualified legal counsel and the execution of contracts make surrogacy legally binding.

Pregnancy in a Gestational Carrier

Your doctor will collect your eggs and fertilize them in a lab with your partner’s sperm. Sometimes, donor sperm or eggs are utilized. If the intended parent utilizes her eggs, she will use fertility drugs to increase the number of eggs she can generate for fertilization. After sperm fertilizes one or more eggs, an embryo develops.

The gestational carrier takes fertility medication to prepare her uterus for the embryo. The gestational carrier’s uterus receives the implanted embryos after they have developed.

Risks of Gestational Surrogate

When a couple or individual uses a gestational carrier, risks are involved. The most common are as follows:–

There is no assurance that the pregnancy will succeed or go to term.
Risks associated with medical procedures and fertility treatments for the intended parents or carrier.
IVF, medical practices, legal issues, and compensation carry financial risk.
Emotional risk of problems, illnesses, and miscarriage.
Frustration over having no control over the carrier, the pregnancy, and other circumstances.

Additionally, there are risks for the carrier. The most common are as follows:-

Throughout the pregnancy, they must receive regular prenatal care.
All hazards associated with pregnancy problems, including hypertension, diabetes, and infections, are passed on to carriers.
For the parents and the carrier, carrying another person’s pregnancy can be emotionally taxing, time-consuming, and complex.
While most surrogates are delighted to assist a couple or individual in becoming parents, they may still develop feelings for the child after birth.

Cost of Gestational Surrogacy?

Many factors, including agency fees, carrier pay, legal fees, medical expenses, travel expenditures, and other supplemental costs, influence the cost of surrogacy. A gestational carrier will cost you at least $50,000 and as much as $150,000. Remember that IVF doesn’t usually succeed on the first try, so you might need to try again.

Conclusion

It’s understandable if you believe you might need more time to decide whether using a gestational surrogate is the best action for you and your family.

This is to be expected, especially if you have previously lost a pregnancy, had unsuccessful IVF, or recently received a medical condition diagnosis that makes it unsafe for you to become pregnant.

Frequently Asked Questions (FAQs)

The process of gestational surrogacy is rarely straightforward. If all goes according to plan, the fertility specialist could complete the process within 12 months of your gestational surrogate being matched. However, occasionally unanticipated events have an impact on the timetable. On average, it takes 13-18 months from when a surrogate and intended parents are matched.

A gestational carrier is not allowed to keep the child. Before fertility treatments start, a legal contract is signed by the prospective parents and their gestational carrier. According to this document, the surrogate must deliver the infant to the intended parents following delivery. Additionally, they are not the child’s biological parents and lack parental rights.

Intentional parents and gestational surrogates go through a rigorous screening procedure. Finding the ideal surrogate and intended parents match is essential to a good outcome. Both intended parents and surrogates have particular criteria and non-negotiables that could influence who they are matched with. Within a month or two of being accepted, some surrogates are matched. Others search for the ideal intended parents for several months to a year. Similar to intended parents, it may take some families just a few months to find the perfect gestational surrogate, while others may take a year or longer.

No, the baby is not related to the surrogate in gestational surrogacy because she only carries the baby till term. Biologically, a baby is related to the two individuals whose eggs and sperm are used to produce the embryo, not the person whose uterus the child is born.

Each state in the US has its laws governing GCs. It is advised that the intended parents and the gestational surrogate be independently represented by attorneys knowledgeable about gestational contracts in the states where the parties reside, plans to get obstetrical care, and plans to give birth. The agreement might specify how many embryos will be transplanted, whether they will test the fetus while the mother is pregnant and what will happen in the event of unexpected test findings. Of course, these choices should be made following an appropriate discussion with the obstetrician and infertility expert.

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