International vs. Domestic Surrogacy: Which Path Is Right for You?

By Dr. Naman Arya, MD, MPH, MSHCM

Reproductive Endocrinology and Infertility Division at Surrogacy4All.

Introduction

Embarking on a surrogacy journey is a significant decision that involves numerous considerations. One of the primary choices intended parents face is whether to pursue surrogacy domestically within the United States or internationally. Each path offers unique advantages and challenges. This comprehensive guide aims to provide clarity on both options, helping you make an informed decision that aligns with your family’s needs and values.

Understanding Surrogacy: A Brief Overview

Surrogacy is a method of assisted reproduction where a woman, known as a surrogate or gestational carrier, agrees to carry and deliver a child for another person or couple. The process can be categorized into two main types:

• Gestational Surrogacy: The surrogate has no genetic link to the child; the embryo is created using the intended parents’ or donors’ gametes.
• Traditional Surrogacy: The surrogate’s egg is used, making her the biological mother of the child.

Gestational surrogacy is more commonly practiced due to fewer legal and emotional complexities.

Domestic Surrogacy: Pros and Cons

Pros

• Legal Clarity and Protection

The United States has well-established legal frameworks governing surrogacy, though laws vary by state. States like California and Illinois have favorable surrogacy laws that protect the rights of all parties involved.

• High Medical Standards

U.S. clinics adhere to stringent medical protocols, ensuring the health and safety of the surrogate and the baby. The American Society for Reproductive Medicine (ASRM) recommends that gestational carriers be between 21 and 45 years old, have had at least one uncomplicated pregnancy, and undergo thorough medical and psychological evaluations.

• Ease of Communication

Proximity allows for regular in-person meetings, fostering a strong relationship between the intended parents and the surrogate. Shared language and cultural understanding further facilitate communication.

• Simplified Logistics

Traveling for medical appointments, attending the birth, and bringing the baby home are more straightforward within the same country.

Cons

• Higher Costs

Domestic surrogacy can be more expensive, with total costs ranging from $100,000 to $150,000, depending on various factors.

• State Law Variability

Surrogacy laws differ across states; some states have restrictive or unclear regulations, necessitating careful legal navigation.

International Surrogacy: Pros and Cons

Pros

• Cost Savings

International surrogacy often presents lower costs, with countries like Ukraine, Georgia, and Mexico offering programs ranging from $40,000 to $70,000.

• Availability

In some countries, surrogates may be more readily available, potentially reducing wait times for intended parents.

Cons

• Legal Complexities

International surrogacy involves navigating the laws of both the surrogate’s country and the intended parents’ home country. Some countries have unclear or evolving surrogacy laws, which can pose risks.

• Citizenship and Parental Rights

Establishing the child’s citizenship and the intended parents’ legal rights can be complicated and time-consuming.

• Communication Barriers

Language differences and time zone disparities can hinder effective communication and relationship-building with the surrogate.

• Variable Medical Standards

Medical practices and standards may differ internationally, and some countries may not adhere to protocols recommended by organizations like ASRM.

Key Considerations: Domestic vs. International Surrogacy

Testimonials

Emily and John – Domestic Surrogacy

“Choosing domestic surrogacy allowed us to be present at every milestone. We built a strong bond with our surrogate, and the legal process was straightforward.”

Carlos and Maria – International Surrogacy

“We opted for international surrogacy due to cost considerations. While there were challenges with communication and legal procedures, working with a reputable agency helped us navigate the process successfully.”

Making the Right Choice for Your Family

Deciding between domestic and international surrogacy depends on various factors, including budget, legal considerations, desired level of involvement, and comfort with potential risks. It’s crucial to consult with legal and medical professionals experienced in surrogacy to guide you through the process. Regardless of the path chosen, thorough research and careful planning are essential to ensure a safe and fulfilling surrogacy journey.