Surrogacy refers to a contract where one woman agrees to carry out a pregnancy for another couple incapable to conceive. There are different types of surrogacy, and a surrogate mother may be a useful alternative for women or couples unable to have children as a result of several reasons for infertility. Here’s everything you need to know about surrogate mothers.
Surrogate Mother: Definition and Purpose
The National Cancer Institute defines a surrogate pregnancy as a type of pregnancy in which a woman carries and gives birth to a baby for someone unable to have children. A surrogate mother gives birth to a child for the purpose of giving them to a set of intended parents. Surrogate mothers are also a very useful alternative for many couples who suffer from infertility and are thus unable to conceive and bear a child on their own. The process of surrogate pregnancy involves the surrogate mother having either her eggs or eggs from a donor fertilized with sperm from a donor to make an embryo. This embryo is then implanted in the uterus of the surrogate mother. There are several medical and non-medical reasons why couples or individuals may seek out a surrogate mother to bear a child for them, including:
- Female infertility
- Structural issues with the uterus
- Age
- Pre-existing conditions that would make pregnancy dangerous
- Being a same-sex couple
- Recurrent miscarriages or repeated IVF failures
- Other medical treatments such as chemotherapy or radiation
Types of Surrogacy
Keeping in mind the broad definition of surrogacy, there are several specific types of surrogacy depending on how the embryo is created, whether the surrogate mother is compensated or not, etc.
Related: 10 Steps to the California Surrogacy Process
A few examples of these different types include:
Gestational Surrogacy
A surrogate mother (or gestational carrier) carries and delivers a child for a couple, whereby the child is conceived of the egg and sperm of two other individuals. This means that the child will not be biologically related to the surrogate.
Traditional Surrogacy
As opposed to the previous example, traditional surrogacy is when the surrogate mother is biologically related to the child she conceived – using her own eggs in the process. This type of surrogacy has actually been banned in the United States for emotional and legal issues.
Independent Surrogacy
Rather than working with a typical surrogacy agency, a couple and surrogate mother may choose to use the arrangement of independent surrogacy or private surrogacy.
Commercial or Compensated Surrogacy
This arrangement entails that the surrogate mother will be compensated for her services beyond reimbursement of medical expenses. This type of surrogacy is illegal in many states that recognize only altruistic surrogacy but remains an option in states such as California.
Altruistic Surrogacy
This type of surrogacy involves a surrogate mother not being compensated for her services beyond reimbursement of medical bills.
Another surrogacy term that is widely known is In-Vitro Fertilization (IVF). The IVF process involves a surrogate mother being inseminated with the lab-fertilized embryo of the intended parents. For a couple seeking surrogacy as an option, it may be best to consult a medical professional to analyze and discuss their unique situation.
Requirements for Being a Surrogate Mother
For women who seek surrogacy as an option, the requirements for doing so may depend on the agency they work through. For example, one nationwide surrogacy and parenting agency known as 3 Sisters Surrogacy posts specific requirements for becoming a surrogate mother. These requirements include an age range, being a resident of a surrogacy-friendly state, being able to pass a psychological evaluation and full criminal background check, and having a lawyer available, if applicable, among other guidelines. Surrogacy agencies should interview both the surrogate and the intended parents before matching them with one another based on desires and preferences.
Furthermore, certain states may have their own sets of requirements for becoming a surrogate mother. For example, the State of New York states that all prospective surrogates must have carried at least one pregnancy successfully to term, had no major complications in previous pregnancies, and must be able to have a mental health evaluation.
Related: Surrogacy Laws By State
FAQs About Surrogate Mothers
How much money does a surrogate mother make?
The amount of money a surrogate can make will depend on the agency she works through. The surrogate mother’s health, the number of pregnancies, as well as other variables, will all factor into how much the surrogate is able to earn for an arrangement.
Do STIs or STDs disqualify a woman from being a surrogate?
Some STIs and STDs will automatically disqualify someone from being a surrogate. Sexually transmitted diseases or infections such as HIV or Hepatitis would disqualify someone immediately, as they could be transferred to a fetus. Other infections such as genital warts or genital herpes may not.
Who is responsible for paying bills related to surrogacy?
Any medical expenses directly related to a surrogate’s pregnancy will be covered by the intended parents. This may include everything from screening costs, medical expenses, and legal expenses. All other medical bills should be covered by health insurance.
Contact Us
If you or a loved one would like to know more about being a surrogate mother, get your free consultation with one of our experienced California Family Law Attorneys today!