Legal Definitions - surrogacy

Surrogacy refers to a legal and medical arrangement where a woman, known as the surrogate mother, carries a pregnancy and gives birth to a child for another individual or couple, who are referred to as the intended parents. The intended parents become the legal parents of the child after birth.

There are two primary types of surrogacy:

• Gestational Surrogacy: In this arrangement, the surrogate mother carries a pregnancy using an embryo created from the egg and sperm of the intended parents (or from donor eggs/sperm). The gestational surrogate has no genetic connection to the child she carries.
• Traditional Surrogacy: In this less common arrangement, the surrogate mother uses her own egg, which is fertilized by the intended father's sperm (or donor sperm) through artificial insemination. This means the traditional surrogate is genetically related to the child she carries.

Examples:

• Scenario 1: A couple facing medical challenges.

  Mr. and Mrs. Davies had undergone several rounds of IVF without success, and Mrs. Davies's doctors advised against further pregnancies due to a severe heart condition. They decided to pursue gestational surrogacy, using their own fertilized embryo, to have a child.

  This illustrates surrogacy as a pathway to parenthood for couples where the intended mother cannot safely carry a pregnancy to term due to medical reasons, allowing another woman to carry the child on their behalf.
• Scenario 2: A same-sex male couple building a family.

  David and Mark, a married male couple, wished to have a biological child. They chose to pursue gestational surrogacy, working with an agency to find a surrogate mother who would carry an embryo created using David's sperm and a donor egg.

  This demonstrates how surrogacy provides a crucial option for same-sex male couples to become parents, enabling them to have a child with a genetic link to one of the partners through the assistance of a surrogate.
• Scenario 3: A single individual seeking parenthood.

  Sarah, a single woman, had always dreamed of being a mother but was born without a uterus, making pregnancy impossible for her. She opted for gestational surrogacy, using her own eggs fertilized by donor sperm, to have a child.

  This example highlights that surrogacy is not exclusively for couples but also serves as a vital option for single individuals who are unable to carry a pregnancy themselves, allowing them to fulfill their desire to become a parent.