Legal Definitions - surrogacy

Surrogacy is when one person carries and gives birth to a baby for another person or couple. There are two types of surrogacy:

• Gestational surrogacy: This is when the surrogate mother carries a fertilized egg from the biological mother and father. The surrogate mother does not have a genetic connection to the baby.
• Traditional surrogacy: This is when the surrogate mother uses her own egg and is artificially inseminated with the biological father's sperm. The surrogate mother has a genetic connection to the baby.

Surrogacy is often used by couples who cannot have a baby on their own, such as same-sex couples or couples who struggle with infertility. It is also used by individuals who want to have a baby on their own.

For example, a same-sex couple may use gestational surrogacy to have a baby. One partner's egg is fertilized with donor sperm and implanted into the surrogate mother. The surrogate mother carries the baby to term and gives birth. The couple becomes the legal parents of the baby.

Another example is a woman who cannot carry a baby due to a medical condition. She may use a gestational surrogate to carry her fertilized egg and give birth to her baby.