Legal Definitions - surrogate

A surrogate is an individual who acts in the place of another, either by taking on their responsibilities or by fulfilling a role that would typically belong to them. In legal contexts, the term often applies to specific situations:

• A surrogate mother is a woman who carries and gives birth to a child for another person or couple, who then become the child's legal parents. This arrangement is typically made when the intended parents are unable to carry a pregnancy to term themselves.
• In some U.S. states, a Surrogate is a judicial officer, similar to a judge, who oversees specific legal matters such as wills, estates, adoptions, and guardianships. This officer is responsible for ensuring that these processes are handled correctly and legally.

Here are some examples illustrating the use of the term:

• Example 1: Healthcare Decision-Making
  An elderly individual, anticipating potential future incapacitation, legally appoints their adult child to be their healthcare proxy. If the individual later becomes unable to make medical decisions for themselves, the adult child acts as their surrogate, making choices regarding their medical treatment on their behalf. This illustrates a surrogate as someone appointed to act in the place of another, specifically for making important decisions when the original person cannot.
• Example 2: Assisted Reproduction
  A couple has struggled with infertility for many years and, after consulting with medical professionals, decides to pursue gestational surrogacy. They work with an agency to find a woman who agrees to carry an embryo created from their genetic material to term. This woman becomes the surrogate mother for their child. This demonstrates the specific legal and medical context of a surrogate mother, who carries a pregnancy for intended parents.
• Example 3: Estate Administration
  In a state like New Jersey or New York, when a person passes away, their will must be validated, and their assets distributed according to law. The local Surrogate's Court, presided over by an elected or appointed Surrogate, is responsible for overseeing this probate process, issuing letters of administration, and ensuring the estate is settled properly. This highlights the role of a Surrogate as a specific type of judicial officer who handles probate, estate, and guardianship matters in certain jurisdictions.