Legal Definitions - traditional surrogacy

Traditional surrogacy is a type of surrogacy arrangement where the surrogate mother is also the biological mother of the child.

In this process, the surrogate's own egg is fertilized, typically through artificial insemination, using sperm from the intended father or a sperm donor. The surrogate then carries the pregnancy to term and, after the child's birth, legally relinquishes her parental rights to the intended parents. This means the child is genetically related to the surrogate mother and the sperm provider.

Here are some examples illustrating traditional surrogacy:

• Example 1: Heterosexual Couple with Fertility Issues
  Sarah and Tom are a married couple who wish to have a child, but Sarah is unable to produce viable eggs due to a medical condition. They choose traditional surrogacy. A surrogate, Maria, agrees to be artificially inseminated with Tom's sperm. Maria carries the pregnancy to term, and after the baby is born, she legally relinquishes her parental rights, allowing Sarah and Tom to become the child's legal parents. In this scenario, the child is genetically related to Maria (the surrogate) and Tom (the intended father).

• Example 2: Single Intended Father
  David, a single man, dreams of becoming a father. He decides to pursue traditional surrogacy. He finds a surrogate, Emily, who agrees to be artificially inseminated with David's sperm. Emily carries the pregnancy to term, and upon the child's birth, David assumes full legal parenthood, with Emily relinquishing her biological parental rights. The child is genetically related to both Emily and David.

• Example 3: Same-Sex Male Couple
  Mark and John, a same-sex male couple, want to start a family. They opt for traditional surrogacy. Mark provides his sperm, which is used to artificially inseminate a traditional surrogate, Lisa. Lisa carries the pregnancy to term. After the birth, Lisa legally relinquishes her parental rights, and Mark and John become the child's legal parents. The child is genetically related to Lisa and Mark.