Family Law and Assisted Reproductive Technology

Gestational Surrogacy (also referred to as the Carrier Method or Host Method): In a gestational surrogacy, the surrogate has no genetic link to the child/ren she is carrying; rather, the egg is provided either by the intended mother or an egg donor.

In some situations, the surrogate may indeed be a relative of either the intended mother or intended father, while other surrogates have been close friends of the intended parents. However, it is increasingly common for the carrier to be a stranger with whom the intended parents are matched through an agency or other means (similar to an adoption matching process).

In a gestational scenario, the genetic material for the embryo to be implanted may come from a number of resources – it could be provided by both of the intended parents, or it could come from an egg donor or a sperm donor or both. Depending upon the state where the surrogate is going to deliver, the legal paperwork to verify parentage of the child will vary. However, in states where surrogacy is permitted, courts consistently have held that the intended parents are the legal parents in a gestational surrogacy arrangement.

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