Surrogacy
What does "Surrogacy" mean in law?
Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and deliver a child for another person or couple (the intended parents), who will assume legal parentage upon the child's birth. There are two primary types: gestational surrogacy, where the surrogate has no genetic connection to the child because the embryo is created through in vitro fertilization using the intended parents' or donors' gametes, and traditional surrogacy, where the surrogate is also the egg donor and is therefore genetically related to the child. State laws on surrogacy vary dramatically, ranging from full enforcement of compensated surrogacy contracts to criminal prohibition, with many states falling somewhere in between or having no statute at all. Key legal issues include the enforceability of the surrogacy agreement, the establishment of parentage (often requiring a pre-birth or post-birth court order), and the surrogate's right to change her mind in traditional surrogacy arrangements.
Definition
Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and deliver a child for another person or couple (the intended parents), who will assume legal parentage upon the child's birth. There are two primary types: gestational surrogacy, where the surrogate has no genetic connection to the child because the embryo is created through in vitro fertilization using the intended parents' or donors' gametes, and traditional surrogacy, where the surrogate is also the egg donor and is therefore genetically related to the child. State laws on surrogacy vary dramatically, ranging from full enforcement of compensated surrogacy contracts to criminal prohibition, with many states falling somewhere in between or having no statute at all. Key legal issues include the enforceability of the surrogacy agreement, the establishment of parentage (often requiring a pre-birth or post-birth court order), and the surrogate's right to change her mind in traditional surrogacy arrangements.
Example
Under their gestational surrogacy agreement governed by California law, the intended parents obtained a pre-birth parentage order allowing both of their names to appear on the birth certificate immediately at delivery, without requiring an adoption proceeding.