Gestational surrogacy refers to a pregnancy where in vitro fertilization (IVF) is used to fertilize an egg belonging to someone other than the surrogate to create an embryo, which is then transferred into the uterus of the surrogate.
There are a number of ways that an embryo can be created, including:
- Egg and sperm from intended parents
- Egg donor and sperm from intended father
- Sperm donor and egg from intended mother
- Egg and sperm from donors
- Donated embryos
Traditional surrogacy refers to a pregnancy where the woman gestating the fetus is also the egg donor. Traditional surrogacy differs from gestational surrogacy in some significant ways. In 2007, the Supreme Court of Ohio recognized surrogacy where the surrogate is not also the egg donor (gestational surrogacy) but this Decision is silent as to a pregnancy where the surrogate is biologically related to the child she gestates. Because of this uncertainty and significant difference, this approach to family building is less secure though it may be less expensive, too. If you wish to pursue this approach to building your family, you need the support of competent legal counsel.
The Legal Process
A skilled attorney experienced in surrogacy law can guide you through the legal process which, depending on the applicable state law, includes:
Contracts: Prior to embryo transfer, you need to draft, negotiate and sign a comprehensive contract that defines the many expectations and protects the legal rights of all parties.
Birth Orders: If you are participating in a surrogacy in Ohio, the intended parent(s) will need to obtain a court order naming the intended parent(s) as legal parent(s) of their child.
What Are The Costs Of Gestational Surrogacy?
Costs will vary based on each parent’s unique circumstances but may include: medical procedures (particularly in vitro fertilization and embryo transfer, which often are not covered by insurance), medical and mental health expenses, fees and expenses related to the gestational carrier, legal fees and court costs, insurance for both the gestational carrier and the newborn, fees related to securing donor gametes, and matching program costs, if applicable.
Who We Can Help
We’ve assisted thousands of clients in their journey to parenthood, including:
- Intended Parents: We can take the lead in drafting and negotiating your Gestational Carrier Agreement and obtain your pre- or post-birth court order. We work with couples and single parents all over the world and of all sexual orientations.
- Surrogates: We can help you negotiate your Gestational Carrier Agreement and protect your rights.
- International Clients: In addition to helping clients in the United States, we have represented international clients from around the world. Our extensive list of countries represented includes Australia, Canada, China, Estonia, Germany, Japan, Israel, Lebanon, New Zealand, Norway, Turkey, Sweden, Switzerland, the United Kingdom, and other countries across the world where surrogacy laws are not favorable.