Legal Definitions - surrogate mother

A surrogate mother is a woman who carries a pregnancy to term for another individual or couple, known as the "intended parents." The arrangement is typically established through a legal agreement, where the surrogate mother agrees to relinquish parental rights and responsibilities to the intended parents after the child's birth.

There are generally two types of surrogacy:

• Gestational surrogacy: The most common type, where the surrogate mother carries an embryo created from the intended parents' genetic material (or donor eggs/sperm) and is not genetically related to the child.
• Traditional surrogacy: Less common and more legally complex, where the surrogate mother uses her own egg and is therefore genetically related to the child.

Here are some examples illustrating the role of a surrogate mother:

• Example 1: Intended Parents Facing Infertility
  Sarah and Michael have been trying to conceive for years, but Sarah has a medical condition that makes it impossible for her to carry a pregnancy safely. They decide to pursue gestational surrogacy. They work with a fertility clinic to create an embryo using Sarah's egg and Michael's sperm. This embryo is then implanted into Emily, who has agreed to be their surrogate mother. Emily carries the pregnancy to term and, after the baby is born, she legally relinquishes her parental rights, allowing Sarah and Michael to become the child's legal parents.

  Explanation: Emily is the surrogate mother because she is carrying the pregnancy for Sarah and Michael, the intended parents, with the clear understanding and legal agreement that she will not be the child's parent after birth. She is not genetically related to the child.

• Example 2: Single Intended Parent
  David, a single man, dreams of having a child. Since he cannot carry a pregnancy himself, he chooses to pursue surrogacy. He works with a surrogacy agency to find Maria, who agrees to carry an embryo created using David's sperm and a donor egg. Throughout the pregnancy, David supports Maria, and upon the child's birth, Maria signs the necessary legal documents to transfer parental rights to David, making him the sole legal parent.

  Explanation: Maria serves as the surrogate mother for David. She carries the pregnancy for him, enabling him to become a parent, and fulfills her agreement to transfer all parental rights to him after the birth.

• Example 3: Same-Sex Couple Building a Family
  Lisa and Jessica, a married same-sex couple, wish to have a child. They decide to use gestational surrogacy. They choose to use a donor egg and donor sperm to create an embryo, which is then implanted into Chloe, who has agreed to be their surrogate. Chloe carries the pregnancy to term, and after the baby is born, Lisa and Jessica are legally recognized as the child's parents, as per their surrogacy agreement.

  Explanation: Chloe is the surrogate mother because she is carrying the pregnancy for Lisa and Jessica, the intended parents, with the explicit intention of allowing them to become the legal parents of the child after birth.