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What Is Surrogacy? Definition, Meaning & Process Explained

Alex Yushin

When natural conception is not possible, surrogacy is a life-changing practice which helps individuals and couples make dreams of parenthood come true. Discover an understanding of what is surrogacy, how it works, and its detailed procedure.

What Is Surrogacy?


Surrogacy is a method of assisted reproductive intervention in which a woman, known as a surrogate mother, carries and gives birth to a child on behalf of intended parents. This method provides a solution for those who are unable to conceive or safely carry a pregnancy to term.

Surrogacy is becoming more popular by heterosexual couples facing infertility issues; same-sex couples wishing to have biological children; single intended parents wanting to build a family; women with medical conditions making pregnancy dangerous or difficult.

With advancements in legal and medical frameworks, surrogacy has become a structured and regulated reproductive option in many countries, providing intended parents and surrogate mothers with a defined legal pathway.

Surrogacy Definition

The surrogacy definition describes a situation in which a woman (the surrogate mother) accepts to carry a child for another person. Two primary types can be differentiated between this process: 

1. Traditional Surrogacy

Under traditional surrogacy, a donor's or the intended father's sperm fertilizes the surrogate's own egg. The surrogate is hence biologically connected to the child. Due to legal and ethical concerns, traditional surrogacy has become increasingly rare, and most surrogacy arrangements today rely on gestational surrogacy to eliminate potential legal complexities.

2. Gestational Surrogacy 

The most often used technique nowadays is gestational surrogacy. In this instance, the intended parents' or donors' eggs and sperm are used in vitro fertilization (IVF) to produce an embryo. The surrogate mother only carries the pregnancy; she has no genetic relationship to the child.

Because it lets intended parents have a biological child without causing legal issues resulting from a genetic link between the surrogate mother and the baby, gestational surrogacy is sometimes preferred.

How Surrogacy Works?


For both intended parents and surrogate mothers, knowledge of surrogacy's functions is crucial. There are various important phases to the process that guarantee a legally safe and protected path.

Choosing a Surrogacy Plan

First, deciding whether to work with a surrogacy service, set up a separate agreement, or use a known surrogate mother – such as a friend or relative – intended parents first consider. Agencies offer complete medical, legal, and psychological support; autonomous surrogacy calls for parents to supervise these stages themselves.

Medical and Psychological Screening

Once a surrogate mother is chosen, she is physically able to carry a pregnancy and is checked through extensive medical assessments. Psychological tests show she is emotionally ready for the journey and well understands the process.

Legal Contracts

To specify financial plans, medical treatment, obligations, and parental rights, a surrogacy contract is established. These contracts guarantee clarity for all those engaged and help to avoid legal issues.

Pregnancy and Embryo Transfer

In gestational surrogacy, in vitro fertilization (IVF) produces embryos from the genetic material of the parents' or donors'. The surrogate mother then transfers the chosen embryo to her uterus. Should implantation go through, the surrogate mother gets routine medical treatment all through the pregnancy.

Birth and Legal Rights of Parents

The process of establishing legal parenthood varies by jurisdiction. Some countries recognize intended parents as legal parents at birth, while others require court orders or additional legal procedures to ensure a smooth transition of parental rights.

Surrogacy Means

Surrogacy means more than just a medical procedure – it represents a life-changing opportunity for both intended parents and surrogate mothers.

For intended parents, surrogacy means:

•A chance to have a biological child despite infertility or medical challenges

•A structured and medically supervised pregnancy process

•Legal protection ensuring their parental rights

For surrogate mothers, surrogacy means:

•The emotional fulfillment of helping someone achieve their dream of parenthood

•Financial compensation for carrying the pregnancy

•Access to qualified medical and psychological support throughout the journey

Surrogacy is a deeply personal decision for all involved, intertwining medical, legal, emotional, and ethical considerations. Understanding these aspects helps ensure a positive and well-supported experience for both intended parents and surrogate mothers.

What Is the Process of Surrogacy?

The surrogacy process involves several structured stages aimed at protecting both the surrogate mother and the intended parents while ensuring a smooth and legally secure journey. Below is a detailed overview of how surrogacy works:

The choice of surrogacy

Parents who are planning to start should begin by researching surrogacy options and consulting with fertility experts. They assess whether surrogacy aligns with their family-building goals and consider the medical, legal, and financial aspects before proceeding.

Decision between an agency or an independent path

Working with a surrogacy agency simplifies the process, as professionals handle the medical, legal, and emotional aspects. Some intended parents choose independent arrangements, which require direct involvement in selection, legal documentation, and coordination.

Selecting a Surrogate Mother

Finding the right surrogate mother is a crucial step that requires compliance with medical and legal regulations. Reputable surrogacy agencies conduct thorough medical, psychological, and legal screenings to ensure that the surrogate meets all necessary requirements and fully understands her responsibilities. Intended parents often have the opportunity to connect with their surrogate mother before finalizing the agreement.

Medical and Legal Preparations

The surrogate mother undergoes thorough medical examinations to confirm that she is physically ready for pregnancy. Meanwhile, both parties sign a legal agreement that outlines compensation, medical decisions, parental rights, and responsibilities to avoid legal disputes and ensure a smooth process.

Treatment of Infertility and Embryo Transfer

If gestational surrogacy is used, eggs and sperm from the intended parents’ or donors’ are used to create embryos through in vitro fertilization (IVF). The selected embryo is transferred to the surrogate mothers’ uterus, and after pregnancy is confirmed, she begins to receive medical care.

Pregnancy and Continuous Medical Supervision

During the pregnancy, the surrogate mother attends regular medical check-ups, ultrasounds, and prenatal appointments to monitor the baby's development. She also receives psychological support and counseling to ensure her well-being throughout this journey.

Birth and Establishment of Parental Rights

After the child's birth, legal procedures ensure the inclusion of the intended parents' names on the birth certificate. The surrogate mother has no legal or parental responsibility for the child, and the intended parents assume full custody, completing the surrogacy process.

Legal and Ethical Considerations

A difficult procedure, surrogacy involves important legal and ethical issues in addition to physical and emotional ones. Laws differ greatly between nations; hence, intended parents and surrogate mothers must be aware of the rules suitable for their specific situation.

Essential legal issues include parental rights, for which a court procedure may be required to confirm legal parenthood, as well as compensation for surrogate mothers, where some governments allow only altruistic surrogacy – covering medical expenses but prohibiting additional payment – while others permit paid agreements. International surrogacy is a growing option for intended parents facing legal restrictions in their home countries. However, it requires careful legal planning, as different jurisdictions have varying policies on the recognition of parental rights and the ability to bring the child back to the intended parents’ country.

Given such complexity, careful planning and legal guidance are very essential to guarantee adherence to all applicable laws and ethical standards. Understanding the legal environment guarantees an effortless surrogacy process and helps to protect the best interests of all involved parties.

To Sum Up

For individuals and couples facing infertility, surrogacy offers a life-changing opportunity filled with hope. Understanding the definition of surrogacy, how it works, and the surrogacy process can help intended parents and surrogate mothers confidently and clearly navigate this path.

Surrogacy provides intended parents with a methodical, legally safe approach to welcoming a child into their home. For surrogate mothers, it is an opportunity to make a significant impact with financial and medical support. However, surrogacy requires careful preparation, legal thinking, and guidance from experienced experts.

If you are considering surrogacy, WCOB is ready to provide professional advice at every stage. Contact us now to start your journey with confidence and achieve your parenting goal!

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