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Surrogate Pregnancy Explained

Surrogate Pregnancy Explained

Surrogate Pregnancy Explained

In today’s society, many couples are struggling with infertility and are having difficulties having children. Additionally, some same-sex couples and single individuals are interested in having their own biological children but cannot carry a pregnancy themselves. These situations have led to an increasing use of surrogate pregnancy, also known as surrogacy.

Surrogacy is a form of assisted reproduction in which a woman, known as a surrogate, carries a child for another person or couple. There are two types of surrogacy: traditional and gestational. Traditional surrogacy involves the surrogate mother being impregnated with the intended father’s sperm, usually through artificial insemination. Gestational surrogacy involves the implantation of an embryo created through in vitro fertilization (IVF) into the surrogate mother’s uterus.

In order to understand surrogate pregnancy and how it works, we will discuss both traditional and gestational surrogacy, as well as the legal and ethical considerations surrounding surrogacy.

Traditional Surrogacy

Traditional surrogacy occurs when the surrogate mother is also the biological mother of the child. The process involves the intended father’s sperm being artificially inseminated into the surrogate mother’s uterus. This method can be performed in a clinic or at home, and the sperm can come from the intended father or from a sperm donor.

One of the advantages of traditional surrogacy is that it is less expensive than gestational surrogacy. This is because the process does not require IVF or any expensive procedures. Additionally, the intended parents may feel a closer connection to the surrogate mother since she is the biological mother of the child.

However, traditional surrogacy is not as common as gestational surrogacy due to the legal and ethical concerns associated with it. Since the surrogate mother is also the biological mother of the child, it can be difficult to establish legal parental rights for the intended parents. This can lead to custody battles and other legal issues.

Additionally, traditional surrogacy can be emotionally difficult for the surrogate mother. Carrying a child for nine months and then giving it up to another person or couple can cause emotional distress, and the surrogate may feel attached to the child. This is why many surrogacy agencies require a psychological evaluation before agreeing to allow someone to become a surrogate.

Gestational Surrogacy

Gestational surrogacy involves the implantation of an embryo created through IVF into the surrogate mother’s uterus. The embryo is created using the intended parents’ or donors’ eggs and sperm, and the surrogate mother is not biologically related to the child.

One of the benefits of gestational surrogacy is that it allows the intended parents to have a genetic connection to the child. Additionally, because the surrogate mother is not biologically related to the child, there are fewer legal and ethical concerns associated with gestational surrogacy.

The process of gestational surrogacy involves several steps. First, the intended parents or donors undergo IVF to create an embryo. The embryo is then implanted into the surrogate mother’s uterus. The surrogate mother will carry the pregnancy to term and give birth to the child. After the child is born, the intended parents will be legally recognized as the child’s parents.

Legal and Ethical Considerations

Surrogacy is a complex and emotionally charged process, and it is important to carefully consider all of the legal and ethical issues associated with it before deciding to pursue surrogacy.

One of the main legal issues associated with surrogacy is parental rights. In many cases, the law is unclear about who has legal parental rights in surrogacy arrangements. This is particularly true in traditional surrogacy, where the surrogate mother is also the biological mother of the child.

To avoid these legal issues, intended parents often work with a surrogacy agency or attorney who can help them navigate the legal system. The agency or attorney can help the intended parents establish legal parental rights and draft a surrogacy agreement that outlines the terms of the surrogacy arrangement.

Another issue associated with surrogacy is exploitation of the surrogate mother. Due to the emotional and physical demands of carrying a child for another person or couple, there is concern that surrogate mothers may be taken advantage of or exploited.

To prevent exploitation, many surrogacy agencies and clinics require a thorough screening process for potential surrogate mothers. This process includes a psychological evaluation, a medical examination, and an interview with the intended parents.

Conclusion

Surrogate pregnancy is a complex and emotionally charged process that involves careful consideration of legal and ethical issues. While both traditional and gestational surrogacy have their advantages and disadvantages, gestational surrogacy is more commonly used due to the legal and ethical concerns associated with traditional surrogacy.

If you are considering surrogacy, it is important to work closely with a surrogacy agency or attorney who can guide you through the process and help you navigate the legal and emotional challenges associated with surrogacy. While surrogacy is not right for everyone, it can be an effective way for intended parents to have children and start a family.


What is a Surrogate Pregnancy?

A surrogate pregnancy is a formal arrangement that arises when a woman agrees to become pregnant and deliver a child for another couple. Surrogate pregnancies can occur in three forms: a traditional surrogacy, a gestational surrogacy, or a commercial surrogacy.
In a traditional surrogacy agreement, a woman is pregnant with her own biological child, but the child was conceived with the intent of giving it over to be raised by another party. The surrogate parent, in the traditional sense, is therefore the woman who gave birth to the child. Although the child is given to another party to be raised, the biological mother maintains surrogacy. In this form, the child may be conceived via artificial insemination or impregnated via intra-cervical insemination.

In a gestational surrogacy, a female is used a host to birth a child. The female is implanted with an embryo to which she is not connected to. The woman then carries the child until pregnancy. Following birth, the gestational carries turns the child over to the biological mother (the woman who gave her embryo) or to the adoptive parents. In the case of adoptive parents, the embryo was donated. This arrangement is referred to as a commercial surrogacy; the carrier of the child is compensated for delivering the child. If the carrier is not compensated for delivering the child, the arrangement is referred to as an altruistic surrogacy.

Legal Issues

The legal aspects surrounding surrogate pregnancies are complex and for the most part, unsettled. The majority of countries possess a default legal assumption, where the woman giving birth to the child, is regarded as the child’s legal mother. In some jurisdictions, however, the intended parents may be recognized as the legal parents following the birth of the child.

The majority of states in America issue pre-birth orders through local court systems, which place the names of the intended parents on the legal birth certificate before the baby is deliver. In other states, however, the possibility of surrogacy is not recognized or is prohibited.