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Posted on May 9, 2025

By Dr. Kulsoom Baloch

Legal rights and contracts for surrogate mothers USA

By Dr. Kulsoom Baloch

Learn more about Dr. Baloch

Introduction

Surrogacy comes in several forms, each with its own legal, emotional, and financial implications. Whether you’re a hopeful intended parent or a woman considering becoming a surrogate, understanding the types of surrogacy can help you choose the path that’s best for you.

1. Gestational Surrogacy

In gestational surrogacy, the surrogate (gestational carrier) has no biological connection to the child. An embryo created using the intended parents’ or donors’ egg and sperm is transferred to her uterus via IVF.

Pros:

  • Clear legal boundaries
  • Widely accepted in the U.S.
  • No genetic link to surrogate

Cons:

  • Costly due to IVF and legal services

2. Traditional Surrogacy

The surrogate uses her own egg and is biologically related to the baby. Conception usually occurs through intrauterine or intracervical insemination.

Pros:

  • Less expensive in some countries
  • No need for IVF in some cases

Cons:

  • Legal challenges
  • Emotional complexity
  • Rarely supported by agencies in the U.S.

3. Compensated Surrogacy

In this model, the surrogate is paid for her time, effort, and medical commitment. Compensation usually ranges from $50,000 to $80,000 in the U.S.

Pros:

  • Attracts qualified surrogates
  • Supports surrogate financially

Cons:

  • Not legal in all states (e.g., Michigan, Nebraska)
  • Higher overall cost for intended parents

4. Altruistic Surrogacy

The surrogate volunteers to carry the child without financial compensation beyond expenses. This is more common among family members or close friends.

Pros:

  • Lower financial burden
  • Can feel more emotionally bonded

Cons:

  • Limited surrogate pool
  • Potential for emotional conflict

Legal Considerations

  • Surrogacy laws vary by state and country
  • Contracts are required in most U.S. surrogacy-friendly states
  • Pre-birth or post-birth orders ensure intended parent’s legal rights
  • Agencies like Surrogacy4All work with legal professionals to protect all parties

Which Type of Surrogacy Is Right for You?

  • Gestational compensated surrogacy: is the most common and legally supported method in the U.S.
  • Altruistic surrogacy: may work best for families who already have a trusted surrogate
  • Traditional surrogacy: is rare and legally risky

Conclusion

Understanding the different types of surrogacy helps you make informed choices about your journey. Surrogacy4All offers legal, medical, and emotional support to navigate the surrogacy path that’s right for you.

Dr. Kulsoom Baloch

Dr. Kulsoom Baloch is a dedicated donor coordinator at Egg Donors, leveraging her extensive background in medicine and public health. She holds an MBBS from Ziauddin University, Pakistan, and an MPH from Hofstra University, New York. With three years of clinical experience at prominent hospitals in Karachi, Pakistan, Dr. Baloch has honed her skills in patient care and medical research.