In a gestational surrogacy arrangement, the surrogate mother has no genetic link to the child she is carrying, making this option highly appealing to many intended parents. The biological foundation of the child comes from the intended parents or donors, established through a traditional in vitro fertilization (IVF) process. In this procedure, the intended mother undergoes an IVF cycle to create embryos, which are then fertilized by sperm from the intended father or, in some instances, a sperm donor. There may also be situations where an egg donor is needed to facilitate the IVF process. Once the embryos are created, they are transferred into the uterus of the gestational surrogate, initiating the pregnancy.
Before commencing the surrogacy process, the woman who agrees to serve as a gestational surrogate must sign a comprehensive contract that outlines the responsibilities, risks, and legalities involved. This contract is a critical component in establishing clarity and safeguarding the rights of all parties concerned. Additionally, the gestational surrogate must agree to undergo a thorough medical evaluation and adhere to the treatment plan set forth by healthcare professionals during her participation in the program. Legally, if at least one member of the commissioning couple contributes genetically to the child, they are generally presumed to be the natural parents of the child