Using a surrogate mother: what you need to know

What Is a Surrogate Mother?

There are two kinds:

Traditional surrogate. It’s a woman who gets artificially inseminated with the father’s sperm. They then carry the baby and deliver it for you and your partner to raise.

A traditional surrogate is the baby’s biological mother. That’s because it was their egg that was fertilized by the father’s sperm. Donor sperm can also be used.

Gestational surrogates. A technique called “In vitro fertilization”(IVF) now makes it possible to gather eggs from the mother (or an egg donor), fertilize them with sperm from the father (or a sperm donor), and place the embryo into the uterus of a gestational surrogate.

Who Uses Surrogates?

If you’re a woman, you may consider a surrogate for several reasons:

• Medical problems with your uterus
• You had a hysterectomy that removed your uterus
• Conditions that make pregnancy impossible or risky for you, such as severe heart disease.

You may want to think about surrogacy if you tried but couldn’t get pregnant with a variety of assisted-reproduction techniques, such as IVF.

Surrogates have also made parenthood an option for people who might not be able to adopt a child, perhaps because of their age or marital status.

Finding a Surrogate

There are several ways you can find a surrogate mother:

Friends or family. Sometimes you can ask a friend or relative to be a surrogate for you. It’s somewhat controversial. But because of the high cost of surrogacy and the complex legal issues it raises about parental rights, a tried-and-tested family relationship can be simpler to manage.

The American Society for Reproductive Medicine accepts certain family ties as acceptable for surrogates. It generally discourages surrogacy, though, if the child would carry the same genes as a child born of incest between close relatives.

A surrogacy agency. Most people use one to arrange a gestational surrogate. There are about many agencies in India and outside India. They act as go-betweens.

An agency helps you find a surrogate and make arrangements. It also collects any fees that get passed between you and the surrogate, such as paying for their medical expenses.

How to Choose a Surrogate

Right now there aren’t any regulations about who can be a surrogate mother. But experts agree on a few points about how to select one.

You should choose surrogates who:

• Are at least 21 years old
• Have already given birth to at least one healthy baby so they understand firsthand the medical risks of pregnancy and childbirth and the emotional issues of bonding with a newborn.
• Have passed a psychological screening by a mental health professional to uncover any issues with giving up the baby after birth
• Sign a contract about their role and responsibilities in the pregnancy, such as prenatal care and agreeing to give you the baby after birth

Using a Surrogate

The American Society for Reproductive Medicine says surrogates should get a medical exam to check that they are likely to have a healthy, full-term pregnancy. The organisation suggests they get tests that check for infectious diseases such as syphilis, gonorrhea, chlamydia, HIV,  cytomegalovirus and hepatitis B and C.

Legal Issues With Surrogates

Parental rights aren’t guaranteed after a surrogate pregnancy. The law continues to change as reproductive technology and the very definition of a “parent” changes.

There isn’t a federal law on surrogacy and state laws vary. After a surrogate pregnancy in some states, you may still have to pass adoption proceedings to gain legal custody of the child. In other states, a “declaration of parentage” before birth lets you avoid having to “adopt” the baby.