{"id":351989,"date":"2016-04-04T11:02:46","date_gmt":"2016-04-04T16:02:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/surrogacy-artificial-conception\/what-is-surrogate-parenthood.html"},"modified":"2023-07-28T11:12:04","modified_gmt":"2023-07-28T16:12:04","slug":"what-is-surrogate-parenthood","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/surrogacy-artificial-conception\/what-is-surrogate-parenthood.html","title":{"rendered":"What Is Surrogate Parenthood?"},"content":{"rendered":"\n
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What Is Surrogate Parenthood?<\/h1>\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Surrogate parenthood describes the process by which a person agrees to carry a child to term for an intended parent or parents.  After the surrogate gives birth, the intended parent becomes the child’s legal parent. <\/p>\n\n <\/div>\n\n

Surrogate mothers are often hired by people who are unable to conceive or carry a child to term. This typically happens through the implanting of an embryo fertilized by the partner’s sperm. This process is called "artificial insemination<\/a>." Same-sex couples also employ surrogates as an alternative to becoming adoptive or foster parents.
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The surrogate mother gives up her parental rights the moment the child is born. The biological father automatically becomes the legal father. The non-biological parent adopts the child.<\/p>\r\n

If the couple used both a sperm and egg donor, both parents would need to adopt. Not all states allow surrogate parent arrangements. Surrogacies are an important and frequently used process in assisted reproductive technology.<\/p>\r\n

This article provides a general overview of surrogate parenthood, including applicable laws. See FindLaw’s Surrogacy Law<\/a> section for additional articles and resources.<\/p>\r\n

Types of Surrogacy<\/h2>\r\n

There are two main types of surrogacy\u2014traditional <\/b>and gestational<\/b>. Traditional surrogacy involves the artificial fertilization of a surrogate’s egg using the intended father’s sperm. It was once the only type of surrogate parenthood arrangement available. The surrogate mother, therefore, is the biological mother of the child.<\/p>\r\n

Traditional surrogacy is typically done by artificial insemination or in vitro fertilization (IVF). IVF treatments typically take place at fertility clinics with the assistance of a surrogacy agency.<\/p>\r\n

Traditional surrogacies are not that common anymore because they’ve often resulted in difficult legal situations. For example, the surrogate could change their mind about relinquishing custody of the child after the birth.<\/p>\r\n

In gestational surrogacy, the surrogate mother is implanted with an embryo created from sperm and eggs from the intended parents or donors. This procedure is relatively complex, time-consuming, and expensive. The advantage of gestational surrogacy is the opportunity to have a child genetically related to both parents.<\/p>\r\n

This process uses a gestational carrier who carries the fetus to full term. The gestational surrogate carries the child to term and agrees to certain terms of doing so. The transfer is called an embryo transfer. This type of process could also involve egg donation. Donor eggs can be obtained from many sources, including fertility clinics. They may be obtained from a family member, as well.<\/p>\r\n

Surrogacy Agreements<\/h2>\r\n

Drafting a surrogacy contract, or agreement, is crucial and can prevent serious legal problems down the road. If the surrogate mother changes her mind and wants to keep the baby, for example, the contract will compel her to give the baby to its rightful parents.<\/p>\r\n

Make sure you check the laws in your state before proceeding with a surrogacy agreement. This is an important part of any gestational surrogacy and surrogacy process. It can prevent the likelihood of any possible legal issues arising during the post-birth phase of such a surrogacy.<\/p>\r\n

An intended mother, intended father, or intended parent should work with an attorney. Attorneys can help make sure their surrogacy agreement is well-drafted. A well-drafted surrogacy agreement covers all possible necessary terms of the surrogacy.<\/p>\r\n

See FindLaw’s Checklist: Surrogacy Contract<\/a> to learn about the types of items you should include in your agreement. The prospective parents and the surrogate mother are advised to retain separate attorneys.<\/p>\r\n

The surrogacy agreement can prevent disputes over parentage and bind parties to certain terms, such as:<\/p>\r\n