Gestational and Traditional Surrogacy

The history of surrogacy goes back farther than you think – infertility after all, is something that has happened to people since ancient times. The most well-known example of surrogacy is the Biblical story of Sarah and Abraham. This form of surrogacy is known as “traditional surrogacy” – where the surrogate, or birth mother, is the child’s genetic mother.

In a traditional surrogacy, the child is conceived (usually) via artificial insemination, at home or at a fertility clinic. Despite this form of surrogacy being around for a long time, it’s still frowned upon and there are few women who wish to get involved in this type of surrogacy as at the end of the day, they are biologicaly related to the child. Some people fear that there is a high chance that the surrogate or birth mother might form an emotional connection with the child, which is undesirable. To compound this issue, there are some fertility clinics in NSW which will refuse to perform traditional surrogacy.

As a result, almost every modern surrogacy procedure undertaken these days are ones where a fertilised egg, having no genetic material related to the surrogate or birth mother, is transferred to the uterus of the surrogate or birth mother. This is considered less emotionally draining or risky as the child is not biologically related to the surrogate or birth mother. If the intended parents can no longer produce eggs or sperm, the egg or sperm used for the procedure must be donated. It’s because of this that this process always takes place in a clean, clinical environment. This type of surrogacy is known as “gestational surrogacy”.

If you have any questions about the legal aspects of this process, give us a call – we’ll try to help you out if we can.