When couples cannot have children on their own, they sometimes turn to surrogacy. For instance, two men who are in a same-sex relationship may want to expand their family. The woman they choose as their surrogate will then carry the child for them, but the men will become the child’s official parents after it is born. In most cases, surrogates will give up any parental rights, as they are simply providing a service and assisting those who are facing various reproductive challenges.
But does this mean that a surrogate is going to use her own eggs, becoming pregnant via sperm donation from one of the fathers? With traditional surrogacy, this is how it works. The surrogacy agreement should address all of the details, and it’s important to consider exactly how this document is written. The traditional path to surrogacy is that a woman uses her own eggs, meaning she will be biologically related to the child moving forward, even as she relinquishes parental rights.
Gestational carriers
There is another option, which is to use a gestational carrier. This is similar to surrogacy, but the eggs are taken from a different donor.
For instance, perhaps a woman is unable to carry a child on her own, but she and her husband want to become parents. Her own eggs could be used, along with her husband’s sperm, but it is the gestational carrier who will then carry the child until birth. However, that gestational carrier would not be biologically related to the child, whose genetic makeup comes directly from each parent.
These are similar but different processes, and it’s important to be aware of the differences and the legal steps needed when using either one. It can help to work with an experienced and knowledgeable law firm at this time.