Gestational Surrogacy - Definition

Gestational surrogacy is a term that defines a situation in which a woman carries and delivers a baby for someone else. The woman who carries the baby is known as the gestational carrier or surrogate mother. The parents-to-be are known as the "intended parents" and are typically involved in the pregnancy, are present at the birth, and become the child's legal parents after the baby’s birth. The baby isn’t genetically related to the gestational carrier because the egg usually comes from the intended mother and the sperm comes from the intended father. This is the typical gestational surrogacy situation, although sometimes the sperm, eggs, or embryos come from a donor.

Gestational surrogacy utilizes IVF, or in-vitro fertilization, in which eggs and sperm are combined in a laboratory setting and the resulting embryo is implanted in the gestational carrier. 

Is gestational surrogacy legal?

Most states don't have specific laws covering gestational surrogacy, so it's important to work with a licensed attorney in your state who has expertise in third party reproduction. An attorney can advise you on your options and draft a legally binding contract. 

Currently, a handful of states allow gestational surrogacy contracts, but they aren't always enforceable depending on what's legal. Some states require couples to be married, and some don't allow gestational surrogates to be compensated. Also, there may be requirements about sexual orientation.

Illinois has one of the best environments for surrogacy. Why? Because there is a statute highly favorable to gestational surrogacy which governs the process from contracts to birth certificates. The Illinois statue applies to single parents and heterosexual couples where at least one person has furnished their own genomes.

When is gestational surrogacy the right choice?

Gestational surrogacy may be a good choice for a woman if she is unable to carry a pregnancy safely or at all because of uterus problems. Men choose gestational surrogacy because they are single or in a gay relationship.

How do you get started with gestational surrogacy?

Whether you set up the arrangement through an Chicago Surrogacy agency such as www.ParentingPartners.net or negotiate it privately, using a gestational surrogate is a legally complex and emotionally intense process. If you decide to go this route, be prepared to commit a lot of time, money, and patience to succeed.

Though you won't carry the baby, it's likely you'll be very involved in the pregnancy. You'll also probably pay the gestational surrogate's expenses, including medical appointments, health insurance bills, travel costs, legal bills, and agency fees (if you're using one). Here's what happens when you choose gestational surrogacy:

1.      You speak with a fertility counselor to help you consider the pros and cons, sort through your emotions, and explore the potential impact of a relationship with a gestational surrogate.

2.      Next, you decide whether to ask a relative or friend to be the gestational surrogate, or use an agency that can match you with someone.

3.      You and your partner, if applicable, and the gestational surrogate undergo medical and psychological screenings.

4.      Hire an attorney experienced in gestational surrogacy for yourself and your gestational surrogate. Create a legal agreement that protects everyone and describes important details such as compensation, parental rights, legal custody, where the baby will be delivered, future contact between the parties, insurance coverage, and control over medical decisions made during the pregnancy.

5.      You and your partner, or you and the donor use IVF to produce an embryo that's genetically yours and the embryo is transferred to the gestational surrogate.

How long does gestational surrogacy take?

Finding a healthy, willing gestational surrogate can take months or even years, whether you screen candidates through an agency, decide to ask a friend or relative, or search for someone online.

Once you've finalized the agreement and have begun treatment, it can take at least three or four IVF cycles to achieve a successful pregnancy. Each IVF cycle takes four to six weeks.