Surrogacy is a technique used in assisted reproduction in which a woman becomes pregnant for the purpose of carrying to term and giving birth to a child for another individual or couple. Essentially, the surrogate is a substitute body and in some instances, gestational surrogacy is the last hope for couples who wish to have a biological child.
The sperm from the intended father is used to fertilize the intended mother’s egg, which in turn is implanted in the surrogate. She will then carry the child for the nine month gestation period, give birth, and give the child to the intended parents.
Where surrogacy is legal, the most common and advisable way to find a surrogate is through a surrogacy agency. Most agencies have a group of potential surrogates. They will administer the proper medical and psychological tests to ensure a woman is physically, mentally, and emotionally capable of becoming a surrogate before they agree to take her on as a client.
A couple who chooses to use surrogacy as an infertility service will then sign on with the agency and choose the surrogate they want.
In order to protect all parties involved (the agency, the surrogate, and the intended parents), the agency typically has a legal department that will handle all legal aspects and issues that arise. It is also recommended that the surrogate and intended parents have lawyers of their own to consult before they sign any contracts.
Once the surrogate is chosen, there must be an agreement in regards to the terms of the pregnancy. All parties should have a say in this and should consult with lawyers to make sure everyone’s rights are protected.
