How to Decide Between Gestational Surrogacy vs Traditional Surrogacy

Gestational surrogacy vs traditional surrogacy is one of the most common questions future parents consider when planning their family-building journey with the help of a surrogate. These paths may sound similar, and both methods can fulfill the dream of parenthood, but in fact, they are different. Comparing them and discussing their pros and cons can help you decide which might be the best fit for you and the family you have always dreamed of.

What is Gestational Surrogacy?

Gestational surrogacy is when a surrogate carries an embryo created through IVF (in vitro fertilization) using the egg and sperm of the intended parents or donors. In this arrangement, the gestational surrogate has no genetic link to the baby. The embryo is implanted into the surrogate’s uterus, and she carries the baby to term.

This process is popular in places like California, where favorable legal frameworks for gestational surrogacy offer support and protection to intended parents and surrogates alike. Many intended parents prefer gestational surrogacy because it allows for a clear genetic relationship between themselves and their children.

What is Traditional Surrogacy?

In traditional surrogacy, the surrogate uses her own egg, which is fertilized by sperm from the intended father or a donor, typically through IUI (intrauterine insemination). As a result, the traditional surrogate is the biological mother of the child she carries.

Traditional surrogacy arrangements can be more emotionally complex, as they involve a genetic link between the surrogate and the baby. While traditional surrogacy was once the primary method, it is less common today due to potential legal and emotional considerations.

Gestational vs Traditional Surrogacy

When comparing how traditional and gestational surrogacy works, we have to consider genetics, legal processes, and medical procedures:

• Genetic Link: In gestational surrogacy, the child has no genetic connection to the surrogate, while in traditional surrogacy, the surrogate is the biological mother.
• Medical Process: Gestational surrogacy involves IVF, whereas traditional surrogacy typically uses IUI.
• Legal Complexities: A gestational surrogacy arrangement generally has more straightforward legal agreements than traditional surrogacy, especially in states like California, where the law supports gestational surrogacy for both intended parents and surrogates.
• Emotional Impact: The genetic link in traditional surrogacy may make it more emotionally challenging, which is why intended parents often choose gestational surrogacy.

Pros and Cons of Gestational Surrogacy

Pros

Clear Genetic Link

Intended parents often value the biological connection to the child, which is possible through the use of their own egg and sperm. Even if donors are required, one or both intended parents can still have a genetic link to the baby.

Legal Security 

In many states, particularly California, laws strongly favor gestational surrogacy arrangements. Pre-birth contracts allow intended parents to be recognized as the legal parents even before the baby is born, reducing potential disputes and providing confidence when choosing this path.

Flexibility with Donors

Gestational surrogacy accommodates a variety of scenarios, including the use of donor eggs, donor sperm, or donor embryos. This flexibility makes it a suitable option for individuals or couples facing specific fertility challenges.

Strong Medical Oversight

The IVF process guarantees thorough medical screening and monitoring of the embryo and surrogate, which contributes to higher success rates and reduces risks during pregnancy.

Global Accessibility

Gestational surrogacy is often available internationally, and countries like the U.S., particularly California, are considered premier destinations for their established legal and medical frameworks.

Cons

Higher Costs

The medical procedures involved, such as IVF and embryo transfer, as well as agency fees and legal expenses, make gestational surrogacy significantly more expensive than traditional surrogacy. Costs can increase depending on the specific circumstances.

Complex Process

IVF requires intended mothers or egg donors to undergo hormonal treatments and egg retrieval procedures, which can be a bit more demanding. Surrogates also undergo medical evaluations and the implantation process, which involves careful timing and medical intervention.

Who Is a Good Candidate for Gestational Surrogacy?

Gestational surrogacy is often chosen by intended parents who want a genetic connection with their child or who live in states or countries where gestational surrogacy laws are favorable. It’s often chosen by heterosexual couples who have viable eggs and sperm but cannot carry a pregnancy or couples who are doing IVF using donor eggs (and/or donor sperm), as well as same-sex male couples and single parents who wish to use donor eggs or their own if possible. 

Pros and Cons of Traditional Surrogacy

Pros

Lower Costs

The traditional surrogacy process typically uses intrauterine insemination (IUI), a much simpler and less expensive procedure compared to IVF. This makes it a more affordable option for intended parents with fewer medical and clinical fees.

Less Invasive Process

The IUI process is straightforward and does not require extensive hormonal treatments or surgical procedures, making it less physically taxing for the surrogate and less logistically demanding for the intended parents.

Faster Timeline

Since traditional surrogacy doesn’t involve creating embryos in a laboratory, the process can be quicker, with fewer steps between conception and pregnancy. This can be appealing for intended parents looking for a shorter path to parenthood.

Cons

Genetic Connection to Surrogate

In traditional surrogacy, the surrogate provides the egg, making her the biological mother of the child. This genetic link can lead to emotional complexities, especially if the surrogate develops a strong attachment to the baby.

Legal Challenges

Many states and countries lack clear legal frameworks when using a traditional surrogate. Establishing parental rights for the intended parents often requires additional steps, such as adoption or legal declarations, which can be time-consuming and uncertain.

Limited Availability

Fewer surrogacy agencies and professionals offer traditional surrogacy due to the potential emotional and legal complications, limiting options for intended parents considering this route.

Emotional Complexity

The biological connection can make the process more emotionally charged for both the surrogate and the intended parents. Counseling and mediation may be needed to address these dynamics and ensure a positive experience.

Risk of Disputes

The surrogate’s genetic link to the child can increase the likelihood of custody disputes or disagreements during or after the pregnancy, which can create additional stress for all parties involved.

Who Might Benefit from Traditional Surrogacy?

Traditional surrogacy might be considered by intended parents who have a close relationship with a willing surrogate (often a family member) and who are comfortable going through the legal and emotional challenges that may arise. It may also be an option in regions where traditional surrogacy is legally supported. Traditional surrogacy may also suit gay couples without access to viable eggs, as it involves using the surrogate’s egg, making her the biological mother. 

Surrogacy Agreements: Differences Between Traditional and Gestational

Gestational and traditional surrogacy arrangements involve different legal agreements. Gestational surrogacy contracts are typically more straightforward, as the surrogate does not have a genetic link to the baby. Contracts in these arrangements focus on outlining the surrogate’s medical responsibilities, compensation, and the roles of all parties. Since the intended parents are typically recognized as the legal parents before the baby is born, especially in states like California with established surrogacy laws, the risk of disputes is minimal. Pre-birth orders are often issued, ensuring the intended parents’ names appear on the birth certificate immediately.

In traditional surrogacy agreements, legal steps to establish parental rights are usually more complex. Since the surrogate is biologically related to the child, both parties must often undergo additional legal proceedings, including adoption processes, to confirm the intended parents’ rights, which often cannot occur until after the baby is born. This delay can introduce emotional and legal challenges. Establishing the intended parents’ rights typically requires additional legal steps, such as adoption or court proceedings.

Parental Rights Agreements: Gestational Surrogacy vs. Traditional  

Establishing parental rights in surrogacy varies by type and location. In a gestational surrogate process, many states allow pre-birth orders that establish the intended parents as the legal parents. In traditional surrogacy, legal procedures may be more complex and could require the surrogate to relinquish her parental rights after birth. This can involve court proceedings, such as a stepparent or second-parent adoption, to guarantee the intended parents are legally recognized. This additional layer of legal steps makes traditional surrogacy arrangements more challenging from a parental rights perspective.

Gestational Surrogacy vs. Traditional: What Has a Better Success Rate?

Gestational surrogacy generally has a higher success rate compared to traditional surrogacy. This is largely due to the reliance on advanced IVF technology, which allows doctors to select high-quality embryos for implantation. Factors such as the health of the egg and sperm, the surrogate’s medical readiness, and modern fertility advancements contribute to improved outcomes.

Traditional surrogacy, on the other hand, uses IUI, which is less controlled and often depends more heavily on natural factors. Success rates can vary based on the surrogate’s fertility and the timing of insemination. While traditional surrogacy can be effective, it typically has lower success rates compared to gestational surrogacy due to the limitations of IUI and the absence of laboratory optimization techniques.

FAQs 

Which is better, traditional or gestational surrogacy?

The choice between traditional and gestational surrogacy depends on individual needs and preferences. Gestational surrogacy California contracts are often preferred for their strong legal protections for both surrogates and intended parents, along with the benefit of a genetic connection to the child. Traditional surrogacy, while less common, may appeal to those seeking a simpler, lower-cost process but comes with added emotional and legal complexities that require careful thought.

What is the difference between gestational pregnancy and surrogacy?

Gestational surrogacy involves a surrogate carrying a baby that is not genetically related to her, as opposed to traditional surrogacy, where the surrogate’s egg is used, giving her a genetic link to the child.

Does a gestational surrogate share DNA with the baby?

No, a gestational surrogate does not share DNA with the baby, as the embryo is created from the egg and sperm of the intended parents or donors.

What is the success rate of gestational surrogacy?

Success rates vary by factors such as embryo quality and the age of the egg donor. However, success rates are generally favorable, often around 75% for live births with gestational surrogacy.

Why do people do gestational surrogacy?

Gestational surrogacy is popular because it allows intended parents to have a biological connection to their child and offers clear legal security, especially in supportive states like California.

Is a surrogate baby biologically yours?

In gestational surrogacy, the baby is biologically related to the intended parents (or donors) but not the surrogate. In traditional surrogacy, the baby is biologically related to the surrogate if her egg is used.

Can a surrogate mother breastfeed the baby?

Yes, a surrogate can breastfeed the baby if all parties agree, though most intended parents use alternative feeding options. Lactation can be requested if desired.

Both gestational and traditional surrogacy offer meaningful paths to parenthood. While gestational surrogacy tends to offer clearer legal protections and a genetic connection to the child, traditional surrogacy may be a viable choice for families with specific needs or close relationships with the surrogate. Carefully considering the unique aspects of each type will help you decide on the option that best aligns with your goals, needs, and comfort level, creating a positive surrogacy journey and a strong start to building your family.