Legal Definitions - gestational carrier

A gestational carrier is a woman who carries a pregnancy to term for another individual or couple, known as the intended parents. In this arrangement, an embryo is created using the egg and sperm of the intended parents (or donated eggs or sperm) through in vitro fertilization (IVF) and then implanted into the gestational carrier's uterus. Crucially, the gestational carrier has no genetic relationship to the child she carries, as her own eggs are not used in the conception process.

• Example 1: A married couple, Anna and Ben, have been trying to conceive for years. Anna has a medical condition that makes it unsafe for her to carry a pregnancy, but her ovaries produce healthy eggs. They undergo IVF, using Anna's eggs and Ben's sperm to create embryos. They then work with a woman named Clara, who agrees to have one of their embryos implanted and carry the pregnancy to term. Clara is the gestational carrier because she carries the pregnancy for Anna and Ben, but the baby is genetically related to Anna and Ben, not to Clara.

• Example 2: Michael and Sean, a same-sex male couple, wish to start a family. They use a donated egg from an anonymous donor and Michael's sperm to create an embryo via IVF. They then enter into a legal agreement with a woman named Diana to serve as their gestational carrier. Diana has the embryo implanted and carries the pregnancy to term. Upon the child's birth, Michael and Sean are recognized as the legal parents. Diana's role as the gestational carrier involves providing the uterine environment for the pregnancy without contributing any genetic material to the child.

• Example 3: Emily, a single woman, dreams of having a child but has a uterine factor infertility, meaning her uterus cannot sustain a pregnancy. She decides to use a donated egg and donated sperm to create an embryo. She then contracts with a woman named Fiona to be her gestational carrier. Fiona carries the embryo to term and gives birth to the child, who is then legally recognized as Emily's. Fiona is the gestational carrier, providing the pregnancy for Emily without being genetically related to the baby.