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Traditional Surrogacy: Guide to Cost, Process, and Legal

by Neelam Chhagani

Traditional Surrogacy and Gestational Surrogacy: What you need to know

What is traditional surrogacy?

 

Gestational surrogacy has become one of the most common procedures for childless couples to complete their family.  As CDC data shows, between 1999 and 2013, the gestational surrogacy cycle resulted in 13,380 deliveries and the birth of 18,400 infants.

Although there is no accurate data to prove, these numbers have gone up many folds since then.  Generally, there at two types of surrogacy traditional surrogacy and gestational surrogacy. These are often used interchangeably, but both of them are different in many ways.

In this comprehensive guide, we will provide you with all the information you need to know about traditional surrogacy, including the cost, process, and legal considerations.

Traditional surrogacy is one of the options available when a woman is unable to carry a pregnancy herself. It involves a surrogate using her own egg that is fertilized with sperm from the intended father.

The key distinguishing factor in traditional surrogacy is the surrogate also provides the egg and is therefore genetically tied to the baby…

 

More resources on this topic:

Traditional Vs Gestational Surrogacy

Different types of surrogacy and what is best for you?

How Much Does Surrogacy Cost Using a Family Member?

Surrogacy Pros and Cons: Weighing the Benefits and Challenges

What is Traditional Surrogacy?

Traditional Surrogacy Definition:  Traditional surrogacy, also known as partial surrogacy or genetic surrogacy, involves the surrogate mother using her own egg, which is then artificially inseminated with sperm from the intended father or a donor.

Unlike gestational surrogacy, where the surrogate has no genetic connection to the child, traditional surrogacy results in a biological link between the surrogate and the baby she carries.

Although traditional surrogacy is less common than gestational surrogacy, it remains a viable option for intended parents facing certain circumstances. For instance, single men, same-sex male couples, and intended mothers who cannot produce healthy eggs may consider traditional surrogacy as a means to fulfill their dreams of parenthood.

In traditional surrogacy, the woman uses her own eggs and uses a sperm donor or intended father to fertilize her egg. She carries the pregnancy to full term, gives birth to the surrogacy baby, and then hands over the baby to the commissioned parents, mostly the surrogacy father.

Thus, the surrogate mother is biologically related to the child she is carrying for a couple or single surrogacy father.

Surrogacy with Own EggsDifference between traditional surrogacy and gestational surrogacy: How does a surrogate mother role change?

Traditional surrogacy vs. gestational surrogacy:

Gestational and traditional surrogacy is the most common form of surrogacy, but the former is more widely used than the latter. 

In gestational surrogacy, the surrogate is not biologically associated with the child.  Meaning, that she is just a carrier of the baby for the intended parents. The intended mother can use her own eggs or egg donor eggs for fertilization.

The gestational surrogacy process is a common and legally viable option for most intended parents who wish to build a family via surrogacy. The benefits of gestational surrogacy are much more in terms of legal framework.

In traditional surrogacy, the surrogate is biologically connected carries the baby delivers it, and then gives the baby to the parents to raise the child. But before that, the intended parents must obtain the parentage rights to raise the child as their own and to prevent any problems later on. It is not common nowadays because of the legal and emotional complexities involved in this type of surrogacy.

However, it is still an available option for parents who want to raise their children. It is also known as partial surrogacy just because a surrogate uses her own eggs/biological material. Traditional surrogacy involves more legal considerations as the surrogate mother is biologically connected with the baby, but it is less expensive than gestational surrogacy.  Traditional surrogates are biologically connected with the baby.

Following people can grow a family through traditional surrogacy and raise their families with the help of traditional surrogacy despite the various complexities involved – 

  • Gay couples ( Same-sex surrogacy)
  • Single Men
  • An intended mother who is unable to produce her own egg.
  • In heterosexual couples’ the female partner is unable to carry the child inside her womb.

It is seen that the heterosexual couple would like to opt for gestational surrogacy as this will allow the intended parents to be biologically related to the child.

Reasons People Pursue Traditional Surrogacy

There are a few key reasons why intended parents may choose traditional surrogacy instead of gestational surrogacy:

Intended Mother’s Eggs Unable to Be Used

Some women are unable to use their own eggs due to:

  • Poor egg quality due to age or medical issues
  • Ovarian failure or early menopause
  • Problems with ovulation resulting in no viable eggs
  • Genetic disorders making her eggs unsuitable or risky

In these cases, traditional surrogacy allows the intended father’s sperm to be combined with the surrogate’s healthy egg.

Single Fathers or Same-Sex Male Couples

For a single man or same-sex male couple, traditional surrogacy is necessary to contribute the female egg needed for conception. The surrogate provides this since there is no intended mother.

Cultural Preferences

Some cultures and religions may place more emphasis on the biological tie between mother and child. For these beliefs, traditional surrogacy may be preferred even when gestational is medically possible.

surrogacy cost using family memberHow does Traditional Surrogacy Work? Gestational or Traditional Surrogacy, What works best for you?

The traditional surrogacy process works differently compared to gestational surrogacy in many ways.

  • Firstly, there is no need to find an egg donor – The intended parents do not need to find an egg donor as the surrogate’s eggs are used for fertilization purposes. That implies that the family needs to get a match or just a surrogate to facilitate the process.
  • Now, once you have found out the surrogate, your next step would be to draft the rules and regulations in the form of a legal document. It is crucial to work with a reproductive attorney who can help you out with the legal procedures.
  • It is much more complicated than gestational surrogacy because the surrogate is the biological mother of the child. So, when both the intended parents want the right over the child, the nonbiological parent will have to sign up for the step-parent adoption form. Once the contracts have been signed, this paves the way for the pregnancy.
  • Traditional surrogacy uses Intra intra-uterine insemination (IUI) to fertilize the egg while in gestational surrogacy medical procedure like In Vitro Fertilization (IVF) is used to create embryos with the gametes of both partners. Then, the embryos are transferred to the surrogate, and she then carries the baby.
  • IUI allows artificial insemination of the mother’s egg. IUI is much less complicated than IVF and also requires less money and time.
  • Since, here, the surrogate is the biological parent of the child. Extra procedures have to be performed to terminate her right over the child. The stepparent rights have to be taken into consideration.
  • Due to more complexities involved, the surrogacy agencies do not assist with this form of surrogacy and would like to work with gestational surrogacy only.

how much does surrogacy costLegal Considerations in Traditional Surrogacy

Surrogacy laws vary by state, and traditional surrogacy may not be legally recognized or permitted in all jurisdictions. Even in states where surrogacy is allowed, the legal landscape can be complex and often vague. Traditional surrogacy introduces additional legal challenges, such as the termination of parental rights and the need for stepparent adoption. It is highly advised to get your traditional surrogacy contract reviewed or done with an experienced surrogacy attorney.

To navigate the legal aspects of traditional surrogacy successfully, it is crucial to work closely with an experienced attorney who specializes in surrogacy agreements. They will guide you through the entire process and ensure that all necessary legal steps are followed to protect your rights as intended parents.

Traditional surrogacy is legal in some countries but banned in most countries.  This form of surrogacy is a more complicated procedure. It not only involves legal complexities but emotional complexities as well. Therefore, a few more process has to be carried out in the case.

This procedure includes –

  • Termination of the rights of the surrogate over the child and step-parent adoption procedure.
  • Whatever the case may be, it is essential to have a competent and experienced attorney with whom you can work without any misleading steps.

How much does traditional surrogacy cost?

Understanding the Traditional Surrogacy Cost

The cost of traditional surrogacy depends on various factors, including the surrogacy professional you work with, the services involved, and the specific needs of your surrogate.

Compared to gestational surrogacy, traditional surrogacy is often more cost-effective since there is no need for an egg donation fee, and IUI is a less expensive procedure than IVF. However, it’s essential to consult with your professional to obtain a comprehensive estimate based on your unique circumstances and location.

The estimated cost of traditional surrogacy may range between anything from $40,000 to $75000. While gestational surrogacy costs can be between $110,000 to $150,000.  Here is what is included in traditional surrogacy:

  • Intra-uterine insemination (IUI) and surrogate medical expenses
  • Legal and attorney fees
  • Agency fees, if any
  • Counseling costs
  • Surrogate monthly allowance
  • Compensation of the surrogate
  • Any other related price regarding the procedure.

Many of these expenses can be varied. For example, the surrogate monthly allowance will be based on the factor of where does your surrogate live. Also, you can negotiate with the surrogate for the compensation. Similarly, the attorney you will assign will be paid based on services rendered.

The bottom line is, that traditional surrogacy costs are less as compared to gestational surrogacy costs.

Pros and Cons

Pros

  • Cost-effective – It is cost-effective as compared to gestational surrogacy. That is because IUI is basically less expensive and invasive than IVF.
  • No medical procedure for intended mothers – Intended mothers do not need to go through any medical process. Traditional surrogacy for same-sex couples can be better than hetero couples.

 Cons

  • Banned mostly – This form of surrogacy is banned in many states, especially where gestational surrogacy is legal.
  • The surrogate can change her mind – In this case, the surrogate mother can change her mind as she is the biological mother of the child. Then again, parents need to go to court to fight for the custody of the child.
  • The complicated procedure of step-parent adoption– In case both the intended parents need a right to the child; the non-biological parent needs to sign the stepparent adoption to have legal rights over the child.
  • No preference is given – Most of the surrogacy clinics and surrogacy agencies do not perform it because of the inclination toward gestational surrogacy.
  • Intended mothers do not have a way to biologically connect with their children.
  • Emotionally difficult for surrogate mother- As surrogate is genetically linked with the baby along with carrying and delivering. So, she might develop an emotional connection, which might make it difficult to part with the baby. Choosing Surrogate Home

Relationship Dynamics with a Traditional Surrogate

Choosing traditional surrogacy creates some unique interpersonal dynamics to be aware of.

Surrogates May Prefer the Traditional Method

Some women seeking to become surrogates prefer the traditional method over gestational surrogacy. They may feel more fulfillment carrying a baby that is their biological child versus solely providing the womb environment. Intended parents should be sensitive to and respect this preference.

Respect the Surrogate’s Boundaries

While the surrogate is performing an immense service by carrying the intended parents’ baby, they should still have their personal preferences and comfort levels respected, such as:

  • How involved do they wish the intended parents to be during prenatal care
  • If they want to breastfeed the baby initially after birth
  • If they wish to have any relationship with the child later on

Open, considerate communication ensures a positive experience for all.

There are emotional complexities in traditional surrogacy that don’t exist with gestational. While the surrogate is genetically tied to the child, she is not the intended mother. Defining boundaries and expectations from the start is crucial. All parties should have psychological support.

Conclusion

When considering traditional surrogacy, it is essential to weigh all factors involved and assess which surrogacy path aligns best with your individual circumstances and preferences. While gestational surrogacy is the more popular choice due to its simplicity and legal clarity, it can be a viable option under the right circumstances.

If you find a willing traditional surrogate and work with experienced professionals who specialize in traditional surrogacy, you can successfully build your family through this path. However, it’s crucial to conduct thorough research, consult with professionals, and fully understand the legal and emotional complexities before making your decision.

In any way, growing building through surrogacy is a daunting process.  It needs lots of research, time, and financial security.  If intended parents choose traditional surrogacy, it might save some cost, but it can be unpredictable and stressful in the long run.

In our opinion opting for gestational surrogacy is a better option as it will give you peace of mind that the baby belongs to you.  On top of that, there are lots of options available in the USA and outside the USA, which is absolutely legal and affordable. It is not common to find traditional surrogacy agencies.

Read more:

Ukraine surrogacy cost

Georiga surrogacy cost

Surrogacy In Mexico-Everything Intended Parents Need To Know

Secure Yet Cheapest Country For Gay Surrogacy- Colombia

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website:    IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.


Traditional surrogacy processFAQs For Traditional Surrogacy 

What is traditional surrogacy?

Traditional surrogacy is a form of surrogacy where the surrogate mother is biologically related to the child she carries. In it, the surrogate’s own egg is fertilized with the intended father’s sperm or donor sperm through artificial insemination. As a result, the surrogate is both the gestational and genetic mother of the child.

How does traditional surrogacy work?

In traditional surrogacy, the process begins with the intended parents or a donor providing sperm, which is then artificially inseminated into the surrogate mother.

The surrogate undergoes medical procedures to facilitate conception and pregnancy. Throughout the pregnancy, the surrogate carries the child and eventually gives birth. After birth, legal procedures such as adoption may be necessary for the intended parents to establish their parental rights.

What are the legal considerations in traditional surrogacy?

Traditional surrogacy raises various legal considerations. Since the surrogate is the genetic mother of the child, legal issues may arise regarding parental rights and custody.

The surrogate may need to terminate her parental rights through legal processes, such as adoption, to transfer parental rights to the intended parents. It’s important to note that the legal aspects can vary significantly depending on the jurisdiction, as some countries or states may have specific regulations or even prohibit it.

What are the advantages and disadvantages of traditional surrogacy?

Advantages of traditional surrogacy include lower cost compared to gestational surrogacy, as it does not involve expensive IVF procedures.

It also allows a genetic connection between the child and the intended parent(s).

However, there are several disadvantages, such as legal complexities, potential emotional challenges, and ethical concerns. The genetic relationship between the surrogate and the child can create emotional complexities and potential conflicts, which may strain the relationship between the surrogate and the intended parents.

What are the emotional aspects involved in traditional surrogacy?

Emotionally, traditional surrogacy can be complex for all parties involved. The surrogate may experience a deep emotional connection to the child she carries due to the genetic relationship.

For the intended parents, there may be feelings of jealousy or uncertainty regarding the surrogate’s involvement with the child. Open and honest communication, clear expectations, and the support of mental health professionals can help navigate the emotional aspects.

Are there any medical risks associated with traditional surrogacy?

Like any pregnancy, traditional surrogacy carries medical risks for the surrogate, including gestational diabetes, hypertension, and complications during childbirth.

The surrogate should receive comprehensive medical care and undergo thorough screening before embarking on the surrogacy journey to minimize these risks. It’s crucial for all parties involved to consult with medical professionals to understand and manage any potential risks.

How much does traditional surrogacy cost?

The cost of traditional surrogacy can vary significantly depending on various factors such as location, agency fees, legal expenses, medical procedures, and compensation for the surrogate.

Can same-sex couples pursue traditional surrogacy?

Yes, same-sex couples can pursue traditional surrogacy.  It can provide a genetic connection to one of the intended parents, which can be appealing for same-sex male couples.

However, it is crucial to consider the legal, emotional, and ethical aspects involved in this form of surrogacy, as well as the specific laws and regulations of the jurisdiction where the surrogacy takes place.

What is the success rate of traditional surrogacy?

The success rate of traditional surrogacy depends on various factors, including the surrogate’s fertility, age, and overall health. However, surrogacy may have lower success rates compared to gestational surrogacy, primarily due to the reliance on artificial insemination rather than the more advanced techniques of IVF used in gestational surrogacy.

Is traditional surrogacy legal in all countries?

The legality of traditional surrogacy varies from country to country. Some countries fully allow and regulate it like Canada and some states of the USA, while others may have restrictions or even ban it like Georgia, Ukraine, Colombia, and Mexico.

How can I find a traditional surrogate?

To find a traditional surrogate, you can consider consulting with surrogacy agencies or fertility clinics specializing in surrogacy. These professionals can provide guidance, match intended parents with surrogates, and help navigate the legal and medical aspects of the process.

Additionally, online platforms, support groups, and surrogacy networks may be valuable resources for connecting with potential traditional surrogates. It is crucial to work with experienced professionals and ensure proper legal and medical processes are followed.

How does traditional surrogacy differ from gestational surrogacy?

In traditional surrogacy, the surrogate mother’s own egg is used, making her the biological mother of the child. In contrast, gestational surrogacy involves using a gestational carrier who has no genetic relationship to the child. The intended mother’s or a donor’s egg is fertilized with the intended father’s or a donor’s sperm, and the resulting embryo is then transferred to the gestational carrier’s uterus.

How does traditional surrogacy compare to adoption?

Traditional surrogacy and adoption are two separate processes. Adoption involves legally transferring the parental rights of a child from the biological parent(s) to the adoptive parent(s). In traditional surrogacy, the intended father or a donor is genetically related to the child, while the surrogate mother is the biological mother. The intended parents have a biological connection to the child in traditional surrogacy, which is not the case in adoption.

Is traditional surrogacy a common form of surrogacy?

Traditional surrogacy is less common compared to gestational surrogacy due to the legal and emotional complexities associated with the genetic relationship between the surrogate and the child. Many intended parents prefer gestational surrogacy as the surrogate has no genetic link to the child, providing a greater sense of legal and emotional security.

Where is traditional surrogacy legal?

In some states of the USA, it is possible to do traditional surrogacy.

What are Traditional surrogacy disadvantages?

The biggest disadvantage is that legal vulnerability as a surrogate is not only carrying the baby, she is half genetically related to the baby.  This exposes the right of the intended parens, in case the surrogate changes her mind during or after the surrogacy journey.  Also, emotionally it is hard for surrogate mothers in the case of natural surrogacy.

 

References Used: 

Neelam Chhagani, MA (Counselling Psychology), PGD (Mental Health), and Holistic Infertility and Third-Party Reproduction Consultant. Member of European Fertility Society, Best Surrogacy Blogger of 2020, with 200 dedicated blogs and top contributor on Quora for Surrogacy. Highly esteemed, authoritative, and trusted professional with a 13-year experience in international surrogacy. Advocate for Secure, Legal, and Affordable International Surrogacy. Learn more: https://www.ivfconceptions.com/neelam-chhagani-surrogacy-consultant/ https://www.linkedin.com/in/neelam-chhagani-92892229/ https://www.quora.com/profile/Neelam-Chhagani

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