3 Different Types of Surrogacy Agreements

Surrogacy offers a beautiful opportunity for couples facing infertility, single people, and members of the LGBTQIA+ community to build a loving family. Though a positive and life-changing experience for intended parents (IPs) and surrogates, it’s a complicated process.

At Great Beginnings Surrogacy Services in San Diego, California, our fertility and surrogacy expert, Dr. Samuel Wood, and our extraordinary team have helped many people navigate the surrogacy process. We consult with IPs to discuss the types of surrogacy agreements and how they each affect the process.

If you’re considering surrogacy, you should know the different types of surrogacy arrangements so you have an idea of what to expect before getting started.

Traditional vs. gestational surrogacy

Surrogacy is when a person agrees to carry and deliver a baby for another person. Like any pregnancy, surrogacy starts with the fertilization of an egg by sperm to create an embryo. The source of the egg for the surrogacy is important and differentiates traditional surrogacy from gestational surrogacy.

Traditional surrogacy

For traditional surrogacy, the surrogate uses their eggs for the pregnancy. Doctors may use intrauterine insemination (IUI) or in vitro fertilization (IVF) and the IP’s sperm or donor sperm to create an embryo. 

Using the surrogate’s egg for the pregnancy means they have a genetic link to the baby. As the biological parent, the surrogate may develop an emotional bond during pregnancy and have a more challenging time handing the baby over to the IP. They may also challenge the surrogacy in court, leading to a legal battle over parental rights. 

Gestational surrogacy

For gestational surrogacy, the IPs use their egg or a donor egg to create the embryo, using IVF to fertilize the egg with IP’s sperm or donor sperm. In this scenario, the surrogate has no genetic links to the baby, reducing the risk of legal complications. 

We only use gestational surrogates due to the legal implications associated with traditional surrogacy.

Altruistic vs. compensated surrogacy

Many surrogates choose to carry a baby for someone else because of the joy it brings, not for any compensation they might receive. When it comes to financing surrogacy, IPs cover the cost of medical care; any additional compensation given to the surrogate depends on the agreement. 

An altruistic surrogacy is an agreement in which the surrogate isn’t compensated beyond the cost of medical care. Compensated surrogacy is an agreement that includes payments to the surrogate outside of medical costs.

Whether you choose an altruistic or compensated surrogacy may depend on your relationship with your surrogate, whether you’re using a traditional or gestational surrogate and the state you live in. Some states view a traditional surrogate agreement as an adoption, and compensation is illegal. 

Independent vs. agency surrogacy

Another type of surrogacy agreement is independent versus agency surrogacy. With independent surrogacy, you find a surrogate on your own and work with a surrogacy attorney to help with the legal aspects of the surrogacy and a fertility clinic to assist with the pregnancy.

If you need help finding a surrogate or want more support throughout the surrogacy process, you may want an agency surrogacy. 

As one of the top surrogacy agencies in the United States, we provide all the guidance and support you need, matching you with the perfect surrogate, helping with legal agreements, and answering all questions and concerns as they come up. 

Surrogacy is complicated and personal, but it’s not a journey you need to take alone. Consulting with an agency like ours can help you make your decision. Call our office today at 859-922-8544 or send us a message online to learn more about how we can help you.