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Traditional and gestational surrogacy: Which to choose, and why

On Behalf of | Aug 1, 2024 | Adoption/Surrogacy

Childlessness can be a painful ordeal for couples to bear. Whether the cause is biological (infertility, chronic illness) or social (same-sex couple, late decision to have children), childless couples yearn for that one thing that could make them complete: a child. 

Fortunately, medical technology today has advanced to the point where childless couples who do not want to adopt can choose to have a child through surrogacy. However, different states have different laws regarding surrogacy. As a potential parent, it behooves you to choose the best option for your future family. 

What is the difference between traditional and gestational surrogacy?

In traditional surrogacy, the egg comes from the surrogate (the woman carrying the child to term). In gestational surrogacy, both the egg and the sperm come from the intended parents. To put it simply, in traditional surrogacy, the surrogate is biologically related to the child, while in gestational, they are not. 

Which should you choose?

The kind of surrogacy you can choose will depend on your social situation and the state where you and your partner live. Single men, same-sex male couples and mothers who cannot produce healthy eggs often choose traditional surrogacy. Heterosexual couples and women who have healthy eggs but cannot carry a child to term due to biological or health reasons are the ones who usually choose gestational surrogacy. 

Additionally, most states ban or void traditional surrogacy. North Dakota recognizes gestational surrogacy but voids traditional surrogacy. While Minnesota has no laws on surrogacy, there is a current proposal to regulate gestational surrogacy. 

Following through after your decision

No matter which kind of surrogacy you choose, you will still be faced with the complex process of surrogacy. Aside from determining who the legal parents are, other issues need attention: healthcare and maternity expenses, pre-birth requirements for the surrogate, medical clearance and so on. You may seek legal counsel to help you navigate this convoluted process.