Traditional Surrogacy Vs. Gestational Surrogacy

If you are considering surrogacy, whether you are looking to build your family or are interested in becoming a surrogate, it is important to understand the two types of surrogacy.

Traditional surrogacy involves a surrogate who provides her own egg to be inseminated by the intended father or by a sperm donor for a couple. The surrogate will relinquish her parental rights through adoption so the parents can gain legal rights to the child.

Gestational surrogacy involves a surrogate who is implanted with an embryo containing the intended mother’s egg and the intended father’s sperm (or potentially a donor). It is important to consider the parental rights of all parties involved (and their presumed parental rights under Indiana law) and work to ensure that the couple that all parties desire to be the child’s legal parents is on the initial birth certificate. If done appropriately, it is possible to obtain a prebirth order that identifies the intended parents on the child’s initial birth certificate and fulfills the intentions of the parties. I regularly draft surrogacy agreements and obtain prebirth orders to fulfill the wishes of the parties.

I also work closely with intended parents seeking a gestational carrier for their child and with surrogates who desire to help a couple realize their dream of having a child of their own. Please contact me to discuss options if you are considering being a surrogate or need assistance locating a surrogate.