Decoding Surrogacy: A Comprehensive Guide to Becoming a Gestational Carrier and Building Families

What Is Surrogacy?

A woman acts as a gestational carrier or surrogate for a person or couple who is unable to conceive or carry a child through the practice of surrogacy. Surrogacy is an option for individuals with infertility, health conditions affecting fertility, and same-sex couples who want a biological child. There are two types of surrogacy: traditional surrogacy and gestational surrogacy.

In traditional surrogacy, the surrogate mother is also the biological mother of the child. Intrauterine insemination (IUI) is used to fertilize the surrogate’s own egg with the intended father’s sperm. The surrogate mother serves as both the biological and gestational carrier of the child.

In gestational surrogacy, the surrogate mother is not genetically related to the child. The intended parents or donors provide the egg and sperm, which are fertilized through in vitro fertilization (IVF) and then transferred to the surrogate’s uterus. The surrogate carries the pregnancy to term but is not genetically related to the child.

The process of becoming a surrogate involves legal and medical processes. It is important to work with a reputable surrogacy agency and seek legal advice to ensure a safe and ethical procedure.

Why Would Someone Choose Surrogacy?

There are several reasons why someone may choose surrogacy:

1. Infertility: Surrogacy can be a good option for individuals who are unable to bear a child due to infertility or health conditions affecting pregnancy.
2. Same-sex couples: Surrogacy allows same-sex couples to have a biological child and have a surrogate mother carry the child.
3. Medical conditions: Surrogacy offers a safe alternative for individuals with medical conditions that make pregnancy risky.
4. Age: Surrogacy can be an alternative for older women who are unable to conceive naturally.
5. Genetic concerns: Surrogacy allows couples with genetic conditions to have a biological child without passing on the genetic issue.

How Much Does Surrogacy Cost?

The cost of surrogacy in New Jersey can vary based on factors such as the type of surrogacy, specific services required, and the chosen agency or lawyer. Gestational surrogacy, where the surrogate carries a child conceived through IVF, is generally more expensive than traditional surrogacy.

In New Jersey, gestational surrogacy can cost between $100,000 and $150,000 or more. This includes surrogate compensation, legal fees, agency fees, and medical costs associated with IVF. Surrogacy insurance coverage may vary and might not cover all expenses.

It is important to carefully evaluate financial means and options before pursuing surrogacy. Seeking guidance from a surrogacy agency or attorney can help understand the costs and legal aspects involved.

How Does Someone Become a Surrogate?

Becoming a surrogate involves several steps to ensure the surrogate is physically and emotionally prepared:

1. Research and preparation: Learn about the surrogacy process and requirements. Prepare for the physical and emotional challenges of being a surrogate.
2. Fulfill eligibility requirements: Meet specific criteria such as age, previous healthy pregnancy, abstaining from drugs and smoking, and having a healthy BMI.
3. Screening and medical evaluation: Undergo rigorous screening, including psychological testing and medical tests for genetic issues and infectious diseases.
4. Legal contract: Execute a legal contract with the intended parents, outlining roles and responsibilities, including compensation and healthcare costs.
5. Medical treatments: Undergo medical procedures to prepare the body for embryo transfer, which may involve hormone therapy and monitoring.
6. Embryo transfer and pregnancy: Transfer the embryo to the surrogate’s uterus. The surrogate carries the pregnancy to term under medical supervision and regular monitoring.

7. Birth and postpartum: Once the baby is born, custody is typically transferred to the intended parents as outlined in the legal agreement. The surrogate goes through a postpartum recovery period, receiving necessary medical care and emotional support.

Throughout the surrogacy process, the surrogate receives support from the surrogacy agency and medical professionals. It is a rewarding experience to help a couple realize their dream of becoming parents.

Legal Issues Around Surrogacy

Surrogacy in New Jersey is regulated by the New Jersey Gestational Carrier Agreement Act, which provides a legal framework for surrogacy agreements in the state. The act defines a “gestational carrier” as a woman who enters into a contract to carry and give birth to a child created through assisted reproduction.

All parties involved, including the intended parents, gestational carrier, and her spouse or partner if applicable, must sign a written gestational carrier agreement. This agreement specifies terms related to payment, medical treatment, and disposal of extra embryos.

According to New Jersey law, gestational carriers have the freedom to choose their healthcare during pregnancy. However, decisions regarding the child’s health treatment and upbringing after birth are made by the intended parents.

It is important to note that New Jersey only permits gestational surrogacy, where the surrogate is not genetically related to the child. Traditional surrogacy, where the surrogate is genetically related to the child, is not legal.

Surrogacy in New Jersey raises moral, ethical, and legal considerations, such as the use of donor eggs or sperm and the implications of assisted reproductive technology. Working with legal and medical professionals is crucial to ensure compliance with the law and protect the rights of all parties involved.

Overall, surrogacy in New Jersey requires careful planning, adherence to legal requirements, and support from professionals to ensure a smooth and ethically sound process.