Traditional vs Gestational Surrogacy: What is Right for Your Family?

Surrogacy is an alternative for aspiring parents to start a family. Surrogacy is the process by which another woman carries a child to term for intended parents. This method has become increasingly popular for those who cannot conceive or carry a child to term due to biological or other limitations, but still want a newborn child or a child with their genetics.

Pennsylvania has relatively few if any laws on surrogacy, and instead relies on court precedents and administrative policy to set the standard. There are two types of surrogacy: traditional and gestational.

A traditional surrogacy is one in which the surrogate is implanted with an embryo created using her own egg. The sperm could either be from a donor or an intended father. This is known as traditional surrogacy because the surrogate is genetically related to the child. After the child is born, the intended parents then go through the adoption process for parental rights. When it comes to compensation, a traditional surrogacy allows the intended parents to pay for specific fees for the surrogate such as medical or legal aid. In traditional surrogacy, the surrogate is not paid any extra fee for the service of carrying the child to term.

Gestational surrogacy refers to any pregnancy in which the carrier has no genetic relation to the child, therefore the egg is not hers and she is merely gestating the child. This includes surrogacy where the genetic material of one or both intended parents are used or the carrier is gestating a pregnancy with donor sperm or zygote. The post-natal adoption process may be necessary in certain PA counties.

Gestational surrogacy has become increasingly popular due to improved technology. This method allows for the intended parents to have more control over the genetic makeup of their child. This method also allows for a direct sum to be paid to the surrogate for their services, over and above medical or legal costs of the surrogate.

There are many different types and subtypes of surrogacy, and it is important to have an  attorney who understands the risks and issues specific to each case. Because of the lack of Pennsylvania law in this area, it is even more crucial to have an experienced surrogacy attorney to work through the surrogacy process with you.

Please call my office at 215-345-5259 for a free first consult about surrogacy. I look forward to helping you with this important family choice.

-Maggie Sjostedt for Elissa C. Goldberg, Esquire