Health, Opinion

Understanding Traditional Surrogacy and Gestational Surrogacy

Ogunbiyi Kayode

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September 27, 2024

Surrogacy is an increasingly popular option for intended parents who cannot conceive or carry a pregnancy to term. However, deciding which type of surrogacy to pursue is one of the first and most crucial decisions for both hopeful parents and potential surrogates. There are two main types of surrogacy—traditional and gestational—and while both are effective means of growing a family, they each have distinct processes, legal considerations, emotional implications, and costs. This article delves into the differences between traditional and gestational surrogacy, examining their respective advantages and disadvantages to help intended parents make an informed decision.

What Is Traditional Surrogacy?

Traditional surrogacy, also known as full surrogacy or genetic surrogacy, involves the surrogate mother using her own egg. In this arrangement, the surrogate is inseminated with sperm from either the intended father or a donor through a procedure called intrauterine insemination (IUI). As a result, the surrogate is the biological mother of the child she carries, which can lead to legal and emotional complexities.

Although traditional surrogacy was historically the more common method, it has become less popular due to these potential complications. However, it remains a viable option for certain intended parents, particularly single men, same-sex male couples, or intended mothers who cannot produce healthy eggs. Because the surrogate’s egg is used, the process bypasses the need for an egg donor, which can make traditional surrogacy more cost-effective.

Despite its advantages, traditional surrogacy poses emotional risks, particularly because the surrogate may bond with the child during the pregnancy, making it harder for her to give up her parental rights after birth. Legally, this can become a complicated issue, as the surrogate has to relinquish her parental rights, and the non-biological intended parent may need to undergo a stepparent adoption process.

What Is Gestational Surrogacy?

Gestational surrogacy, also referred to as partial surrogacy or host surrogacy, is currently the most common form of surrogacy. In gestational surrogacy, the surrogate—often called a gestational carrier—has no biological connection to the child she carries. Instead, the embryo is created through in vitro fertilization (IVF) using the egg and sperm from the intended parents or donors. This embryo is then transferred to the surrogate’s uterus, and she carries the pregnancy to term.

Gestational surrogacy is generally considered less emotionally and legally complicated than traditional surrogacy, making it the preferred choice for many intended parents and surrogates. Since the surrogate is not biologically related to the child, she has no parental rights to the baby, reducing the likelihood of legal disputes after birth. Moreover, the intended parents can usually establish legal parentage before the baby is born through a pre-birth order, further simplifying the legal process.

Traditional Surrogacy vs. Gestational Surrogacy: Key Differences

While both types of surrogacy allow individuals and couples to become parents, there are several critical differences between traditional and gestational surrogacy. These differences span medical procedures, legal complexities, emotional risks, and financial considerations.

  1. Medical Process: IVF vs. IUI

The medical procedures for gestational and traditional surrogacy differ significantly. Gestational surrogacy involves IVF, a complex process in which an egg from the intended mother (or donor) is fertilized with sperm from the intended father (or donor) in a laboratory. The resulting embryo is then transferred to the surrogate’s uterus. IVF requires the intended mother or egg donor to undergo fertility treatments and an egg retrieval procedure, which can be physically and emotionally demanding.

In contrast, traditional surrogacy uses IUI, which is simpler and less invasive. The surrogate’s egg is fertilized with the intended father’s sperm (or donor sperm) through artificial insemination. IUI does not require the same level of medical intervention as IVF, making it less expensive and quicker to complete. Additionally, intended mothers do not need to take fertility medications or undergo the egg retrieval process in traditional surrogacy.

  1. Legal Process and Complications

Surrogacy laws vary by state, and in some regions, surrogacy may be illegal altogether. However, traditional surrogacy tends to be more legally complicated than gestational surrogacy due to the surrogate’s biological connection to the child. In traditional surrogacy, the surrogate has parental rights to the baby, which must be legally terminated after birth. This often requires the intended parents to undergo a stepparent adoption, especially if the non-biological intended parent wishes to be recognized as the child’s legal parent.

In gestational surrogacy, parental rights are typically established before the baby is born using a pre-birth order. This legal document ensures that the intended parents are recognized as the child’s legal parents immediately after birth, reducing the risk of post-birth legal disputes. As a result, gestational surrogacy tends to involve fewer legal hurdles compared to traditional surrogacy.

  1. Emotional Considerations and Risks

One of the most significant emotional risks in traditional surrogacy is the possibility that the surrogate may bond with the child she is carrying, given that she is the biological mother. This emotional connection can make it difficult for the surrogate to relinquish her parental rights after birth. In extreme cases, the surrogate may challenge the surrogacy agreement in court, leading to a lengthy and costly legal battle for the intended parents.

In contrast, gestational surrogacy poses fewer emotional risks because the surrogate has no genetic link to the baby. Since the gestational carrier is not the biological mother, there is a lower likelihood of emotional attachment, making it easier for the surrogate to hand the baby over to the intended parents after birth.

  1. Availability of Surrogates

Finding a willing surrogate for traditional surrogacy can be more challenging, as many surrogates prefer the legal and emotional clarity of gestational surrogacy. Additionally, many surrogacy professionals and agencies, including Southern Surrogacy, only handle gestational surrogacy cases due to the complexities associated with traditional surrogacy. This limited availability can increase wait times for intended parents pursuing traditional surrogacy.

  1. Costs: IVF vs. IUI

On average, traditional surrogacy is less expensive than gestational surrogacy. This is primarily due to the difference in medical procedures. IVF, which is used in gestational surrogacy, is a more complicated and costly process compared to IUI, which is used in traditional surrogacy. In addition to the cost of IVF, intended parents pursuing gestational surrogacy may need to pay for egg donation if the intended mother’s eggs are not viable. By contrast, traditional surrogacy eliminates the need for egg donation, further reducing costs.

However, the legal and emotional risks associated with traditional surrogacy could lead to additional expenses, such as legal fees and court costs if disputes arise over parental rights.

Choosing the Right Surrogacy Path

Choosing between traditional surrogacy and gestational surrogacy is a deeply personal decision that depends on a variety of factors, including the intended parents’ medical, emotional, legal, and financial circumstances. Gestational surrogacy is often the preferred choice due to its lower emotional and legal risks, but traditional surrogacy can be a viable option for intended parents who are prepared for its complexities and looking for a more cost-effective solution.

Ultimately, intended parents should work closely with surrogacy professionals and legal experts to understand their options and make the best decision for their family. Whether through traditional or gestational surrogacy, both paths offer the opportunity to bring a child into the world and create a loving family.

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