Traditional Surrogacy

Traditional surrogacy (also called the Straight method): In a traditional surrogacy, the surrogate becomes pregnant with her own biological child, which has been conceived with the intended biological father or donor sperm. Conception may occur in a number of ways, from sexual intercourse to at-home artificial insemination or by various forms of clinical in vitro fertilization (though it is rare for most fertility doctors to assist in a traditional surrogacy due to the ethical and legal issues). In most states, the legal process actually involves establishing paternity and a stepparent or second parent adoption by the intended mother or partner of the legal father. Because the surrogate has genetic connection to the baby, like a traditional birth mother, her parental rights are protected under law and she has to consent to the placement/relinquishment of the child. Fees and compensation for a traditional surrogacy may also be limited by applicable state adoption laws. This process has greater medical, legal and ethical risks than a gestational surrogacy and could lead to protracted litigation in the event the surrogacy arrangement between the parties deteriorates.

Surrogacy Attorneys

Michele L. Jackson

Michele L. Jackson

  • Attorney
  • Chair, Adoption & Reproductive Law Practice Group

Related Press Releases

  • 03 February 2012 One Sperm Donor, 150 Offspring and the Need for Legal Advice (Read More)
  • 31 January 2012 Navigating Surrogacy (Read More)

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