Gestational surrogacy
In gestational surrogacy, an embryo created through IVF is transferred to a gestational carrier who did not provide the egg used to create that embryo. Genetic contributors may be intended parents, donors, or a combination.
The legal process is jurisdiction-specific. Some states have detailed statutes governing gestational-carrier agreements and parentage, while others rely more heavily on case-specific procedure. Do not assume that a pre-birth order, a particular birth-certificate result, or the same contract rules apply everywhere.
Traditional or genetic surrogacy
In traditional surrogacy, the person carrying the pregnancy also provides the egg and is therefore genetically related to the child. This creates different medical and legal issues from gestational surrogacy. Availability and enforceability vary by jurisdiction and provider, so local legal advice is essential.
Compensated and expense-only arrangements
Some arrangements include compensation beyond reimbursement of expenses; others are structured around reimbursement only. Whether compensation is permitted, limited, regulated, or affects enforceability depends on the applicable law. There is no single U.S. rule that makes one model legal everywhere.
Agency-assisted and independent arrangements
An agency-assisted journey may include recruitment, matching, screening coordination, case management, insurance support, escrow coordination or other services. The exact scope differs by provider.
In an independent arrangement, intended parents and a potential carrier coordinate more of the process themselves while still using the necessary fertility clinic, legal, insurance, mental-health and financial professionals. Independent does not mean professional review can be skipped.
Known and previously unknown carriers
A known carrier may be a friend, relative or another person already known to the intended parents. In other journeys, the parties meet through an agency, matching service or other introduction. Existing relationships can change the interpersonal dynamics, but they do not remove the need for medical screening, legal advice and clear expectations.
How to compare arrangement types
- Confirm whether the carrier is genetically related to the child.
- Check the law that applies to compensation and agreement enforceability.
- Understand how parentage will be established in the relevant jurisdiction.
- Identify which services are included in any agency or coordination fee.
- Confirm clinic, psychosocial, insurance and legal requirements before treatment.
The label matters less than the actual legal, medical and operational structure of the specific journey.
Related guides
What Is Gestational Surrogacy? · Cost Planning · Legal Process · Surrogacy by State