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Legal Definitions - surrogate carrier
Definition of surrogate carrier
A surrogate carrier is a woman who agrees to carry a pregnancy to term for another individual or couple, known as the intended parents. In this arrangement, the surrogate carrier gestates a fetus that is typically genetically unrelated to her, often conceived through *in vitro* fertilization (IVF) using the intended parents' or donor gametes. Her role is to carry the pregnancy with the understanding that the intended parents will become the legal parents of the child after birth.
Example 1: Maria and David, a married couple, have undergone several unsuccessful fertility treatments. Maria has a medical condition that makes it unsafe for her to carry a pregnancy to term. They decide to pursue gestational surrogacy. An embryo created using Maria's egg and David's sperm is implanted into a woman named Sarah, who has agreed to be their surrogate carrier. Sarah successfully carries the pregnancy and gives birth to their child, who is genetically related to Maria and David but not to Sarah.
This illustrates a surrogate carrier because Sarah is carrying a pregnancy for Maria and David, the intended parents, and the child is not genetically related to Sarah.
Example 2: Alex and Ben, a same-sex male couple, wish to start a family. They use donor eggs and Alex's sperm to create embryos through IVF. These embryos are then transferred to Lisa, who has agreed to act as their surrogate carrier. Lisa carries the pregnancy to term and delivers the baby, who will be legally recognized as Alex and Ben's child, with no genetic link to Lisa.
Here, Lisa functions as a surrogate carrier by gestating the pregnancy for Alex and Ben, allowing them to become parents without a genetic connection between Lisa and the child.
Example 3: Emily is a single woman who, due to a congenital uterine condition, cannot carry a pregnancy herself. She uses her own eggs and donor sperm to create an embryo. This embryo is then implanted into Chloe, who serves as Emily's surrogate carrier. Chloe carries the pregnancy to term, and Emily becomes the legal mother of the child, who is genetically related to Emily but not to Chloe.
Chloe is acting as a surrogate carrier because she is carrying the pregnancy for Emily, the intended parent, and the child is genetically unrelated to Chloe.
Simple Definition
A surrogate carrier is a woman who carries a pregnancy to term for another individual or couple. She does so with the intention of relinquishing parental rights and giving the child to the intended parents after birth, typically under a legal agreement.