Gestational vs. Traditional Surrogacy: What is the Difference?
When choosing surrogacy to build a family, understanding the two primary types—gestational surrogacy and traditional surrogacy—is crucial. These paths differ significantly in both process and legal implications, making it essential for intended parents to carefully weigh their options.
At Brinkley Law Firm, LLC, we specialize in guiding families through complex surrogacy and assisted reproductive technology (ART) matters, offering empathetic and experienced legal support.
What is Gestational Surrogacy?
Gestational surrogacy, sometimes called host surrogacy, is the more common of the two.
In this arrangement, the surrogate—also known as a gestational carrier—has no genetic connection to the child she carries. Instead, the embryo is created using in vitro fertilization (IVF), with eggs and sperm from the intended parents or donors. The embryo is then implanted into the surrogate’s uterus at a fertility clinic.
One of the main reasons gestational surrogacy is so popular is that it reduces potential legal and emotional complications. Since the gestational carrier is not biologically related to the baby, intended parents typically have fewer legal hurdles when establishing parental rights.
What is the Cost of Gestational Surrogacy?
Gestational surrogacy cost varies depending on several factors, including location, medical procedures, agency fees, and legal services. IVF, required for gestational surrogacy, tends to be more expensive than the procedures used in traditional surrogacy. However, many families find that the added legal security and peace of mind make the higher cost worthwhile.
At Brinkley Law Firm, we understand that gestational surrogacy costs can be a concern for many families. We work closely with clients to help them understand expenses and explore options for managing costs.
How Does Traditional Surrogacy Work?
In traditional surrogacy, the surrogate serves as both the carrier and the egg donor. This means she is the biological mother of the child. The process involves fertilizing the surrogate’s egg through intrauterine insemination (IUI) using sperm from the intended father or a donor.
While traditional surrogacy may seem simpler because it doesn’t require IVF, it brings more legal risks. Since the surrogate is genetically related to the child, additional legal steps—such as terminating her parental rights through an adoption—is required to ensure the intended parents gain full legal custody.
Traditional vs. Gestational Surrogacy: Which is Safer Legally?
When comparing traditional vs gestational surrogacy, it’s clear that gestational surrogacy usually presents fewer legal risks. In gestational surrogacy, a pre-birth order can establish parentage before the child is born, minimizing custody disputes. On the other hand, traditional surrogacy requires post-birth legal actions, through adoption to terminate the surrogate’s parental rights.
Given these complexities, many surrogacy professionals and agencies, including Brinkley Law Firm, recommend gestational surrogacy for families seeking a smoother legal process.
What Are the Emotional Risks in Surrogacy vs. Gestational Carrier Arrangements?
The emotional risks differ significantly between traditional and gestational surrogacy.
In traditional surrogacy, because the surrogate has a genetic connection to the child, there may be a stronger emotional bond, making it more challenging for her to relinquish the baby. This emotional factor can lead to increased stress for both the surrogate and the intended parents.
In contrast, gestational carriers generally experience fewer emotional challenges since they do not share a genetic link with the child. They are also required to undergo psychological screening, which includes a background check and several other components. At Brinkley Law Firm, we provide compassionate legal advocacy to help intended parents and surrogates navigate these emotional complexities.
Gestational Surrogacy vs. Traditional Surrogacy: Which is Right for You?
Choosing between gestational surrogacy vs traditional surrogacy depends on your personal circumstances, financial considerations, and comfort with the associated legal and emotional risks.
For many families, gestational surrogacy offers greater peace of mind due to its lower legal complexity and reduced emotional risks.
At Brinkley Law Firm, we take the time to understand your unique goals and concerns. Whether you choose traditional or gestational surrogacy, we are committed to supporting you through every step of the process.
Schedule a Consultation with Skilled, Compassionate Surrogacy Attorneys Today
If you are considering surrogacy or other assisted reproductive technology options in South Carolina or beyond, the attorney team at Brinkley Law Firm, LLC is here to help. We understand that family formation is deeply personal and offer knowledgeable, dedicated legal guidance to support you through this life-changing journey.
Let our experienced legal team assist you as you take the next step toward building your family.
Contact us today to schedule a consultation and learn more about how we can help make your dream of parenthood a reality.