If you are considering assisted reproduction technology (ART) to start a family, you may have come across terms like “traditional surrogate” and “gestational carrier.”
While these two terms convey distinctive differences, many still use them interchangeably.
This is a common misconception, as both describe different methods of carrying and delivering a child for someone else.
This article will explain what is the difference between a traditional surrogate and a gestational surrogate (carrier).
It will break down and compare the two side by side, answering any questions you may still have before deciding which option is best for you.
Key Takeaways:
- Genetic Connection: Traditional surrogates are biological mothers; Gestational carriers have no DNA link
- Legal Security: Gestational arrangements face fewer custody disputes and ethical challenges
- Compensation: Traditional surrogates typically receive expense reimbursements only; Gestational carriers earn structured compensation
- Medical Process: Traditional uses surrogate’s egg + AI/IVF; Gestational uses IVF with donor/IP embryos
- Prevalence: Over 90% of modern surrogacy arrangements use gestational carriers
Brief Overview of Surrogacy
From a legal standpoint, surrogacy has been around since 1976 when an attorney named Noel Keane crafted the first surrogacy contract.
The first surrogate baby was born 2 years later, marking a giant leap forward in the field of ART.
But what exactly is surrogacy? How does surrogacy work?
Speaking in layman’s terms, surrogacy describes a process in which a woman carries a pregnancy for someone else.
It is a go-to option for many people who are unable to carry a baby themselves. These groups include couples with fertility issues, gay couples, or intended single parents.
But before you even consider surrogacy, it’s important to learn about the different types of surrogates and options at your disposal.
Types of Surrogates: Gestational Carrier vs Surrogate
There are two main types of surrogate mothers: gestational surrogates and traditional surrogates. These differ in:
- how the child is conceived and,
- the surrogate’s connection to the baby.
Rich Geisler, Founder of Fertility & Surrogacy Legal Group (FSLG), clarifies the fundamental biological and legal distinction between the two: “Gestational surrogacy occurs when a woman carries a fetus without genetic relation to it – this provides more straightforward pathways to establishing parental rights compared to traditional arrangements.”
Let’s delve deeper into the distinctions that separate these two methods:
What Is a Traditional Surrogate?
A traditional surrogate is a woman who carries a pregnancy using her own egg. Medical professionals fertilize the egg either through artificial insemination or in vitro fertilization (IVF).
In this arrangement, the surrogate is also the child’s genetic mother.
For intended parents, this simple biological fact introduces potential legal and emotional challenges that can complicate the legal process of determining parental rights.
Disputes can arise if the surrogate changes her mind and decides not to relinquish custody of the child.
Such challenges are much less common in gestational surrogacy, where the surrogate has no genetic connection to the baby.
Key Considerations for Traditional Surrogates
Medical Considerations
- Must undergo fertility testing and medical screening to assess reproductive health.
- Commitment to a healthy lifestyle, including avoiding smoking, alcohol, and drugs.
- Comprehensive prenatal care to ensure the health of both the surrogate and the baby.
- Awareness of genetic and hereditary factors that could affect the child.
Legal Considerations
- Clear surrogacy agreements defining parental rights, custody arrangements, and financial terms.
- Compliance with state laws.
- Legal parentage orders to transfer custody to the intended parents.
- Representation by experienced attorneys to protect the surrogate’s rights and interests.
Geisler emphasizes a critical legal nuance: “Surrogacy contracts themselves don’t grant parental rights – they serve as exhibits courts use when issuing parental orders. This requires precise documentation of how rights transfer between parties.”
Emotional Considerations
- Psychological readiness to relinquish a child with whom the surrogate shares a genetic connection.
- Access to counseling services throughout the surrogacy journey.
- A strong support system, including family and friends.
- Open communication (and alignment on expectations) with the intended parents.
Financial Considerations
- Typically receives no compensation beyond surrogacy-related costs.
What Is a Gestational Carrier?
A gestational carrier is a woman who carries a pregnancy for the intended parents.
However, unlike traditional surrogates, gestational surrogates have no biological connection to the baby.
The medical process for this type of surrogacy involves creating an embryo. This is done using sperm and eggs from the intended parents or donors.
The resulting embryo is subsequently implanted into the gestational surrogate using IVF.
Mr Geisler says gestational surrogacy accounts for a large portion of all surrogacy arrangements because it is subject to fewer ethical and legal issues.
“The lack of genetic relation streamlines establishing parental rights compared to traditional arrangements – that’s why it accounts for most modern surrogacy cases.”
Key Considerations for Gestational Carriers
Medical Considerations
- Must have a history of at least one healthy, full-term pregnancy.
- Undergo comprehensive medical screenings, including fertility evaluations and infectious disease testing.
- Awareness of potential pregnancy risks, such as preeclampsia or gestational diabetes.
- Commitment to a healthy lifestyle, including abstinence from smoking, alcohol, and drugs.
- Willingness to follow strict medical protocols, including hormone treatments and prenatal care.
Legal Considerations
- A gestational surrogacy agreement defining roles, responsibilities, and expectations of all parties.
- Compliance with state laws governing surrogacy, which vary across the U.S.
- Establishing parental rights through pre-or-post birth orders.
- Verification of adequate health insurance coverage for surrogacy-related medical expenses.
Emotional Considerations
- Emotional readiness to separate from the baby after birth, as gestational carriers have no genetic connection to the child.
- Willingness to undergo psychological screening to assess mental health and preparedness.
- A strong support system, including family and friends, and access to professional counseling are needed.
- Open communication and a positive relationship with the intended parents.
Financial Considerations
- Clear understanding of compensation for medical expenses, lost wages, and surrogacy-related costs.
- Familiarity with agency fees and escrow arrangements to ensure timely payments.
- Awareness of tax implications for surrogate compensation.
- Budgeting for any potential out-of-pocket expenses not covered by agreements.
Gestational Carrier vs Surrogate: What’s the Best Option for You?
Here’s a graphic overview of the differences between the two options:
Final Thoughts
Understanding the differences between a gestational carrier vs surrogate is crucial for intended parents. Each option comes with its own set of medical, emotional, and legal considerations. As Geisler emphasizes, “What matters is protecting everybody while securing parental rights through proper legal channels – ensuring families can focus on welcoming their newborns.”
If you’re navigating this journey, FSLG is here to ensure a smooth and legally secure process.
Contact us today to learn more about how we can support you in building your family.
FAQs About Surrogates and Gestational Carriers
Here are some frequently asked questions (and answers) that will clarify the differences between a gestational carrier vs surrogate:
Who Is Eligible to Become a Surrogate or Gestational Carrier?
Healthy women aged 21–45 (with prior successful pregnancies) can become surrogates or gestational carriers. Note that the age range may vary across different counties.
These women are subject to detailed screenings to ensure they are fit to carry the pregnancy.
How Do Intended Parents Select a Gestational Carrier or Surrogate?
Intended parents typically work with agencies to find a suitable surrogate.
The matching process depends heavily on several factors such as health, lifestyle, values, and location.
Can Traditional Surrogates or Gestational Carriers Change Their Mind and Keep the Baby?
In traditional surrogacy, the biological connection between the mother and the baby can lead to complex legal situations. In some cases, a surrogate may change her mind and decide to keep the child, leading to legal disputes over parental rights.
In gestational surrogacy, the arrangement typically involves clear legal agreements that establish the intended parents’ rights from birth. Moreover, the surrogate has no genetic ties to the baby and is therefore much less likely to change her mind.
Does a Surrogate Mother Share DNA With the Baby
A traditional surrogate mother does share DNA with the baby, as she uses her own egg for conception.
A gestational carrier does not share DNA with the baby. In gestational surrogacy, the embryo is created using the intended parents’ (or donors’) sperm and egg.
Do Traditional Surrogates Receive Compensation?
A traditional surrogate is the biological mother of the child and typically receives no compensation. Depending on the agreement and a range of other factors, they may receive base compensation for surrogacy-related costs.
How Much Does a Gestational Carrier Get?
In the US, first-time surrogates can expect to receive up to $55,000 in compensation on average. Second-time surrogates typically get paid more, with fees rising to $70,000
The amount also depends on location and agreements made with the intended parents.
What Is the Role of a Surrogate After Delivery?
Most surrogacy arrangements end after the child’s birth. This means that there are no ongoing parental responsibilities for the surrogate.
However, depending on the agreement and personal preferences, some surrogates maintain a friendly relationship with the intended parents.
