Gestational Surrogacy



Gestational surrogacy is a process in which a woman carries and gives birth to a child for another person or couple. This type of surrogacy is achieved through in vitro fertilisation (IVF), in which the intended parents’ eggs and sperm are fertilised in a laboratory to create an embryo, which is then transferred to the surrogate’s uterus for pregnancy.

Gestational surrogacy gives people or couples who can’t have children on their own a chance to start a family. But it’s important to know that surrogacy is a complicated and emotional process with many legal, medical, and emotional factors to think about. This guide gives an in-depth look at gestational surrogacy. It talks about the different kinds of surrogacy, who can be a surrogate, the surrogacy process, legal issues, and the emotional side of surrogacy.

Definition of Gestational Surrogacy

Gestational surrogacy is a type of assisted reproductive technology (ART) in which a woman carries and gives birth to a child for another person or couple.

Overview of the process of Gestational Surrogacy

Gestational surrogacy involves a number of steps, such as finding a surrogacy agency or lawyer, matching with a surrogate, making legal agreements, going through medical procedures like fertility treatments and implantation, giving birth, and taking care of the baby after birth. Throughout the process, there are also several legal and emotional considerations that must be taken into account. The blog will provide a comprehensive overview of each of these steps and considerations.

Types of Surrogacy

Traditional Surrogacy

Traditional surrogacy is a type of surrogacy in which the surrogate is also the biological mother of the child. This is done through artificial insemination, which can be done with the father’s sperm or the sperm of a donor.

Gestational Surrogacy

In gestational surrogacy, on the other hand, the surrogate carries an embryo made from the eggs and sperm of the intended parents or a donor. The surrogate is not the biological mother of the child.

Comparison of the two types

The main difference between traditional surrogacy and gestational surrogacy is the biological relationship between the surrogate and the child. In traditional surrogacy, the surrogate is the biological mother, while in gestational surrogacy, she is not. Also, gestational surrogacy usually involves more complicated medical procedures and a higher level of emotional and legal concerns. It is important for intended parents to understand the differences between the two types of surrogacy and to consider which option is right for them.

Eligibility for Gestational Surrogacy

Requirements for intended parents

Intended parents may be eligible for gestational surrogacy if they are unable to conceive a child on their own due to medical reasons or other factors. In some cases, same-sex couples or individuals may also use gestational surrogacy to build their families.

Requirements for surrogates

To be eligible to become a surrogate, a woman must generally be in good health, have a history of successful pregnancies, and meet certain age and lifestyle requirements. She must also undergo a comprehensive medical and psychological evaluation to ensure that she is physically and emotionally fit to carry a child.

Medical and psychological evaluations

Medical evaluations for intended parents and surrogates typically include assessments of their overall health, fertility, and any underlying medical conditions. Psychological evaluations are also important to assess the emotional readiness and stability of all parties involved. These evaluations are critical to ensuring the safety and wellbeing of the surrogate and the resulting child.

The Gestational Surrogacy Process

Finding a surrogacy agency or attorney

The first step in the gestational surrogacy process is to find a surrogacy agency or attorney who can help guide you through the process and ensure that all legal requirements are met. A surrogacy agency can provide a range of services, including matching intended parents with a surrogate, providing medical and psychological support, and handling all legal and financial aspects of the surrogacy arrangement.

Matching with a surrogate

Once you have found a surrogacy agency or attorney, the next step is to match with a surrogate who is a good fit for you and your family. This means taking into account things like the surrogate’s medical history, lifestyle, and personality to make sure the relationship is good and helpful. The surrogate and intended parents may have the opportunity to meet and get to know each other before proceeding with the surrogacy arrangement.

Legal agreements and contracts

Before the medical procedures can begin, it is important to have a clear and legally binding agreement in place between the intended parents and the surrogate. This agreement should clearly define the responsibilities and expectations of all parties involved, including compensation for the surrogate, medical expenses, and any other arrangements.

Medical procedures (fertility treatments, implantation, prenatal care, etc.)

After the legal agreements have been made, the next step in gestational surrogacy is to go through the medical procedures. This may include fertility treatments to make an embryo, putting the embryo in the surrogate’s uterus, and prenatal care to make sure the surrogate and the developing child are healthy and safe.

Birth and post-birth process

The final step in the gestational surrogacy process is the birth of the child and the post-birth process. The surrogate will give birth to the child, and once the intended parents are legally recognized as the parents, they will take care of the child. After the baby is born, the next step may be to settle any remaining financial or legal issues and continue to help and care for the surrogate.

Legal Considerations

Surrogacy laws

The rules about surrogacy vary from country to country and state to state, so it’s important to know what the rules are in your area. In some countries, surrogacy is illegal or limited, but in others, it is legal as long as certain rules are followed.

Legal recognition of parentage

Setting up legal parenthood is one of the most important legal issues in gestational surrogacy. In most cases, this process involves getting a court order that names the intended parents as the legal parents of the child. This may be needed for things like getting the child a birth certificate and citizenship.

Pre-birth orders

In some places, you can get a pre-birth order that makes the intended parents the legal parents of the child before the child is born. This can make it easier to prove who the child’s parents are and help make sure the child has an easy time after birth.

Surrogacy agreements

The surrogacy agreement between the intended parents and the surrogate is another important legal thing to think about. This agreement should make it clear what everyone’s responsibilities and expectations are, including how much the surrogate will be paid, who will pay for her medical care, and any other arrangements. It is important to have a well-written surrogacy agreement to protect everyone’s interests and make sure that everyone knows what their rights and responsibilities are.

Legal representation

During the surrogacy process, it’s important to have a lawyer who knows how to handle the complicated legal issues that come up. An attorney who specialises in surrogacy law can provide valuable advice and guidance, ensuring that your rights and interests are protected every step of the way.

Emotional Aspects of Gestational Surrogacy

The role of the surrogate

During gestational surrogacy, the relationship between the surrogate, the intended parents, and the child is special and close. The surrogate is a very important part of bringing the child of the intended parents into the world, and what she does and decides can have a big effect on everyone.

Building trust and communication

For surrogacy to work, the intended parents and the surrogate need to be able to trust each other and talk to each other openly. This means talking about everyone’s hopes and fears openly and making sure that everyone is on the same page throughout the process.

Support and resources

The emotional aspects of surrogacy can be challenging, and it is important to have support and resources to help you through this journey. This may include support from friends, family, and a professional counsellor, as well as access to online forums and support groups where you can connect with others who have gone through the surrogacy process.

The bond with the child

For intended parents, the gestational surrogacy experience can be both j and emotional. They may feel a strong bond with the child from the moment of conception and may face challenges as they navigate their new roles as parents. It is important to have support and resources to help you through this transition and to develop a positive and healthy relationship with your child.

Understanding and addressing emotional challenges

While the gestational surrogacy experience can be incredibly rewarding, it can also be emotionally challenging. To make sure that everyone has a positive and fulfilling experience, it is important to understand and deal with any emotional problems that may come up, such as feelings of guilt or loss. With the right support and resources, intended parents and surrogates can work through these challenges and create a strong and loving family dynamic.


Gestational surrogacy is a complex and emotional process that involves many legal, medical, and emotional considerations. But with the right planning and help, intended parents and surrogates can work together to bring a child into the world and build a loving family.

At Become Parents, we are committed to giving our patients complete and kind care throughout their surrogacy journey. Our team of experienced professionals is made up of lawyers, surrogacy experts, and support staff. They all work together to make sure that everyone has a positive experience. If you are thinking about gestational surrogacy, please contact us to learn more about the services and resources we offer.

Reasons to do Surrogacy Treatment in India

Infertility is a growing problem these days. Apart from medical issues such as hormonal imbalance, low sperm quality, etc., fast lifestyle and food habits also affect fertility. More and more developments are being made in the fertility industry as more people are seeking help for fertility issues.

Surrogacy is one such option that many intended couples go for. Surrogacy is a matter of debate throughout the globe. Many people are pro and against the idea of surrogacy. While some see surrogacy as cruelty, some see it as a service.

Many believe that using the surrogate mother’s womb for about nine months and then taking away the baby from her is cold-hearted. Some raise the matter of the homeless children in every country and urges intended parents to adopt. However, some see surrogacy as a service the surrogate mother is willing to do so that this brings the joy of life to a family.

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