What is Gestational Surrogacy and How Does it Differ from Traditional Surrogacy?

Quick Summary

Gestational surrogacy is the most widely practiced form of surrogacy in the United States today. Unlike traditional surrogacy, the gestational surrogate has no biological connection to the child she carries. The embryo is created through IVF using eggs and sperm from the intended parents or donors and then transferred to the surrogate. Gestational surrogacy is legally simpler, more inclusive, and available to intended parents of all backgrounds and orientations.

Learning about your options is one of the most important parts of the surrogacy journey. Knowing what gestational surrogacy is and how it compares to traditional surrogacy helps intended parents make decisions that are right for their circumstances.

At Simple Surrogacy, we have guided families through this process for over two decades. This page breaks down everything you need to know before taking the next step.

What Is Gestational Surrogacy?

Gestational surrogacy is the standard model used in modern surrogacy arrangements. The surrogate carries a pregnancy that is not biologically hers. The embryo is created separately and transferred into her uterus through IVF. She has no genetic link to the child.

This distinction carries important legal advantages.

Most US states recognize gestational surrogacy in a favorable way, and courts generally uphold parental rights for intended parents in these arrangements. Nearly all surrogacy cases in the United States today are gestational surrogacy.

What Is Traditional Surrogacy?

Traditional surrogacy is largely no longer practiced in the United States.

At one point, it was the only available option for intended parents pursuing surrogacy. In traditional surrogacy, the surrogate uses her own egg. This means she is both the gestational carrier and the biological mother of the child.

That biological connection creates significant legal complications. Courts and state laws often treat the surrogate as a legal parent in these cases. This legal complexity is the primary reason traditional surrogacy has been largely phased out. Our surrogate program does not involve traditional surrogacy arrangements.

In Vitro Fertilization

Gestational surrogacy depends on IVF technology. Here is how the process works:

  • Eggs and sperm are collected from the intended parents, donors, or a combination of both.
  • These are combined in a laboratory setting to create a viable embryo.
  • The embryo is transferred into the surrogate’s uterus.
  • The surrogate carries the pregnancy to term.

One or both intended parents may have a biological connection to the child. The surrogate, however, never does. This is one of the defining features of gestational surrogacy and the reason it is legally preferred over traditional surrogacy.

Who Can Benefit From Gestational Surrogacy?

Gestational surrogacy is open to a wide range of intended parents, regardless of sexual orientation, marital status, religion, or background. Families we have worked with include gay couples, straight couples, single men, and single women.

All of these family types have successfully built families through gestational surrogacy. There are no restrictions based on who you are or who you love. If you want a biological child and cannot carry a pregnancy yourself, gestational surrogacy is a pathway worth exploring.

How Much Does Gestational Surrogacy Cost?

Cost is one of the most common questions intended parents bring to us. The answer varies depending on the state involved and the specific circumstances of the journey. Our agency fees for intended parents start at $24,250. This figure does not include:

  • Legal fees
  • Egg donation process fees
  • Surrogate insurance premiums
  • Certain screening and medical expenses
  • Miscellaneous surrogate expenses during pregnancy

Simple Surrogacy is based in Dallas, Texas.

Texas has no state income tax, which gives us a meaningful cost advantage over agencies based on the coasts. We pass those savings directly to our clients. We work with surrogates across many states, including California, Oklahoma, Florida, and Texas.

What Are the Laws Regarding Gestational Surrogacy in My State?

Most US states treat gestational surrogacy in a supportive or neutral way. In many cases, laws do not explicitly regulate it but still allow the process to move forward through established legal frameworks.

Because the surrogate in gestational surrogacy has no biological ties to the child, courts and legal systems generally favor the intended parents.

Navigating state-specific laws can feel complicated. Simple Surrogacy has worked in every gestational surrogacy-friendly state in the country. The attorneys in our referral network have direct experience with the laws in each of those states.

Where Can I Find More Information?

Beyond what we provide, several reputable organizations offer additional guidance on gestational surrogacy:

  • The American Society for Reproductive Medicine (asrm.org)
  • Society for Assisted Reproductive Technology (sart.org)
  • The American Fertility Association (theafa.org)
  • RESOLVE: The National Infertility Association (resolve.org)
  • INCIID: The International Council on Infertility Information Dissemination (inciid.org)

Simple Surrogacy is a member of RESOLVE and the American Fertility Association. All programs follow ASRM and SART standards.

Gestational surrogacy is a significant decision, and no question is too small to ask. Simple Surrogacy has been helping intended parents navigate this process for over two decades. Our team is made up of people with firsthand surrogacy experience, and we are genuinely invested in helping you find the path that works for your family.

Send us your questions and let us help you find the answers.

FAQs

Is the gestational surrogate considered the legal mother of the child?

No. In gestational surrogacy, the surrogate has no biological connection to the child. Most US states legally recognize the intended parents as the child’s parents. A legal agreement is established before the transfer to formally protect all parties involved.

Can single intended parents pursue gestational surrogacy?

Yes. Gestational surrogacy is available to single individuals as well as couples. Simple Surrogacy has worked with single men and single women who have successfully had children through the gestational surrogacy process.

How long does the gestational surrogacy process typically take?

Timelines vary depending on factors such as matching, medical screening, and IVF outcomes. On average, the full process from initial consultation to birth takes between 18 months and two years. Simple Surrogacy works to keep matching timelines shorter than the industry average through its large database of pre-screened surrogates.

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