How does surrogacy work? Gestational surrogacy can be quite complicated, so I want to share what I have learned. Typically, surrogacy is outrageously expensive, but there are some ways to make it happen for less. I hope that this information might help others re-evaluate independent surrogacy as an option.
What is Surrogacy?
Surrogacy is an arrangement where a woman, known as the surrogate or gestational carrier, carries and delivers a child on behalf of the intended parents. There are two main types of surrogacy: traditional surrogacy and gestational surrogacy.
- Traditional Surrogacy: In traditional surrogacy, the surrogate is genetically related to the child she carries because her own eggs are used for conception.
- Gestational Surrogacy: In gestational surrogacy, the surrogate carries a child conceived using the eggs and sperm of the intended parents or donors. The surrogate is not genetically related to the child in this case.
Is Surrogacy Legal?
Laws vary widely from state to state, so you need to research your state. The best thing to do is to go ahead and find an experienced surrogacy attorney and consult with them before you get started. Then, you will be ready when it comes time for the surrogacy contract between you and the carrier.
FDA Requirements
In addition to state laws, your clinic must operate under FDA rules and regulations, which are in place to prevent the spread of disease. The intended parents and the gestational carrier need to be disease free so as not to infect the carrier or the baby.
Example: Virginia Surrogacy Laws
There are two ways to handle surrogacy in Virginia: pre-approved and non pre-approved. To my knowledge, hardly anyone ever does it as pre-approved, which would require both couples to have home studies done. Here are the basic requirements:
- The carrier must have had at least one live birth.
- If the carrier is married, then her husband must be a party to the surrogacy contract. All parties must enter into the surrogacy agreement.
- All parties must receive counseling — both intended parents, the surrogate and her husband (if applicable)
The Surrogacy Process – Steps to Take
These steps are not set in stone as to the order. One through five is a good place to start, but after that, you can do things in a different order. For me, it was about doing the deal-breaker type things first and the less expensive things first.
- Come up with a budget.
- Talk to your clinic.
- Find an attorney.
- Find a surrogate and review her insurance policy.
- Discuss money and treatment decisions with the surrogate and come to an agreement.
- FDA Testing Requirements
- Do psychological pre-screening for surrogate and counseling for intended parents and surrogate and her husband.
- Complete the legal agreement with your attorney.
- More Pre-IVF screening for surrogate (hysterosalpingogram and trial embryo transfer)
- IVF cycle
- Embryo transfer to the surrogate
- Pregnancy and birth
Surrogacy Costs
Surrogacy is expensive, but doing it independently can make it 50-75% less than agency costs. Costs may include the surrogate’s compensation, medical expenses, legal fees, counselor fees, and other miscellaneous expenses. Get my free independent surrogacy cost guide.
Do You Need a Surrogacy Agency?
Most people think the only path to surrogacy is through a surrogacy agency, but that’s not true. You can be the project manager and cut out the middle man (the agency), while still having all of the necessary professionals involved like doctors, attorneys and psychologists. To take the independent surrogacy route, I wrote an independent surrogacy guide to walk you through the whole process. You can save many thousands of dollars and confidently manage the whole process yourself.
Get Started
Even though surrogacy is a complicated process, the Independent Surrogacy Guide will simplify it by giving you an in-depth understanding of the whole process with examples and tips so that you can manage the process on your own without an agency.
Want to know how much to expect to pay if you do it on your own?
Get surrogacy cost estimateOr, get ALL of the information and learn more about my complete guide to independent surrogacy.
