Via a surrogate

What It Is and How Does Surrogacy Work

Written by Rebecca Buffum Taylor

Medically Reviewed by Jennifer Robinson, MD on November 04, 2021

In this Article

• What Is a Surrogate Mother?
• Who Uses Surrogates?
• Finding a Surrogate
• How to Choose a Surrogate
• Using a Surrogate
• Legal Issues With Surrogates

There's still some controversy about using a surrogate mother to have a baby. The legal process is also tricky because it varies from state to state. Even so, whether it's because of fertility problems or other reasons, surrogacy is an option for you and your partner. Find out how it works and see if it's right for you.

What Is a Surrogate Mother?

There are two kinds:

Traditional surrogate. It's a woman who gets artificially inseminated with the father's sperm. They then carry the baby and deliver it for you and your partner to raise.

A traditional surrogate is the baby's biological mother. That's because it was their egg that was fertilized by the father's sperm. Donor sperm can also be used.

Gestational surrogates. A technique called "in vitro fertilization" (IVF) now makes it possible to gather eggs from the mother (or an egg donor), fertilize them with sperm from the father (or a sperm donor), and place the embryo into the uterus of a gestational surrogate.

The surrogate then carries the baby until birth. They don't have any genetic ties to the child because it wasn't their egg that was used.

A gestational surrogate is called the "birth mother." The biological mother, though, is still the woman whose egg was fertilized.

In the U.S., gestational surrogacy is less complex legally. That's because both intended parents have genetic ties to the baby. As a result, gestational surrogacy has become more common than a traditional surrogate. About 750 babies are born each year using gestational surrogacy.

Who Uses Surrogates?

If you're a woman, you may consider a surrogate for several reasons:

• Medical problems with your uterus
• You had a hysterectomy that removed your uterus
• Conditions that make pregnancy impossible or risky for you, such as severe heart disease

You may want to think about surrogacy if you tried but couldn't get pregnant with a variety of assisted-reproduction techniques, such as IVF.

Surrogates have also made parenthood an option for people who might not be able to adopt a child, perhaps because of their age or marital status.

If gay men decide to use a traditional surrogate, one of them uses their sperm to fertilize the surrogate's egg through artificial insemination. The surrogate then carries the baby and gives birth.

A gay couple might also choose an egg donor, fertilize that donated egg, and then have the embryo implanted in a gestational surrogate to carry until birth.

Finding a Surrogate

There are several ways you can find a surrogate mother:

Friends or family. Sometimes you can ask a friend or relative to be a surrogate for you. It's somewhat controversial. But because of the high cost of surrogacy and the complex legal issues it raises about parental rights, a tried-and-tested family relationship can be simpler to manage.

The American Society for Reproductive Medicine accepts certain family ties as acceptable for surrogates. It generally discourages surrogacy, though, if the child would carry the same genes as a child born of incest between close relatives.

A surrogacy agency. Most people use one to arrange a gestational surrogate. There are about 100 agencies now operating in the U.S. They act as go-betweens.

An agency helps you find a surrogate and make arrangements. It also collects any fees that get passed between you and the surrogate, such as paying for their medical expenses.

How to Choose a Surrogate

Right now there aren't any regulations about who can be a surrogate mother. But experts agree on a few points about how to select one.

You should choose surrogates who:

• Are at least 21 years old
• Have already given birth to at least one healthy baby so they understand firsthand the medical risks of pregnancy and childbirth and the emotional issues of bonding with a newborn
• Have passed a psychological screening by a mental health professional to uncover any issues with giving up the baby after birth
• Sign a contract about their role and responsibilities in the pregnancy, such as prenatal care and agreeing to give you the baby after birth

Using a Surrogate

The American Society for Reproductive Medicine says surrogates should get a medical exam to check that they are likely to have a healthy, full-term pregnancy. The organization suggests they get tests that check for infectious diseases such as syphilis, gonorrhea, chlamydia, HIV, cytomegalovirus, and hepatitis B and C.

Surrogates should get tests to make sure they have immunity to measles, rubella (German measles), and chickenpox. Also, you may want to ask that they get a medical procedure to visually "map" the uterus, which can help the doctor check their potential to carry a pregnancy. Surrogate mothers should have their own doctor during pregnancy rather than use yours.

The cost of surrogacy can range from $80,000 to $120,000. A lot of different things go into the price, such as whether the surrogates have their own medical insurance or whether you need to buy a surrogacy-pregnancy policy for them.

Legal Issues With Surrogates

Parental rights aren't guaranteed after a surrogate pregnancy. The law continues to change as reproductive technology and the very definition of a "parent" changes.

There isn't a federal law on surrogacy and state laws vary. After a surrogate pregnancy in some states, you may still have to pass adoption proceedings to gain legal custody of the child. In other states, a "declaration of parentage" before birth lets you avoid having to "adopt" the baby.

To protect your rights as parents-to-be -- and the rights of the child you're hoping to have -- hire an attorney who specializes in reproductive law in your state. They can write a surrogacy contract that clearly spells out what everyone needs to do.

A contract like that may help if legal issues come up after birth. It can also outline agreements about a variety of possible scenarios with the pregnancy, such as what happens if there are twins or triplets.

Infertility & Reproduction Guide

1. Overview
2. Symptoms
3. Diagnosis & Tests
4. Treatment & Care
5. Support & Resources

Celebrities who used surrogates to expand their families

See all the celebrities — Kim Kardashian and Cameron Diaz among them — who have turned to surrogacy to expand their family.

Maria Menounos and Keven Undergaro

After a “decade of trying” to conceive their first child, Maria Menounos and Keven Undergaro announced on Feb. 7 that they are expecting a child via surrogate.

“I’m so grateful,” the journalist said during a “Live With Kelly and Ryan” interview, tearing up. “I’m emotional. I’m super excited. … We’ve done everything. Literally everything.”

She and Undergaro have been transparent about their fertility struggles since getting married in December 2017.

Casey Wilson and David Caspe

Casey Wilson told her “Bitch Sesh: A Real Housewives Breakdown” listeners in January 2023 that her and David Caspe’s third child had arrived via surrogate.

“Her name is Francis, but we’re calling her Frankie,” the actress revealed, saying her “dreams [came] true” after wanting a daughter “so bad[ly]. ”

Wilson and her husband previously welcomed back-to-back sons named Max and Henry.

Paris Hilton and Carter Reum

In January 2022, Paris Hilton surprised her Instagram followers with a photo of her and Carter Reum’s baby boy’s hand, whom the couple welcomed via surrogate.

“You are already loved beyond words 💙,” the “Simple Life” alum gushed at the time.

Hilton began sharing her IVF journey in 2021, writing on social media in December of the following year that her “Cutesy Crew” was coming, thanks to “lots of healthy embyros.”

Jesse Tyler Ferguson and Justin Mikita

Jesse Tyler Ferguson and Justin Mikita welcomed sons Beckett and Sullivan via surrogates in July 2020 and November 2022, respectively.

“A special thanks to @drshahinghadir for helping us grow our family & our incredible surrogate and all of the nurses and doctors,” the “Modern Family” alum wrote via Instagram after their second child’s arrival. “We are overjoyed to be a family of four.”

He and Mikita have been together since 2010, tying the knot three years later.

Rebel Wilson

Rebel Wilson announced in November 2022 that she welcomed her first child — a baby girl named Royce Lillian — via surrogate.

“I can’t even describe the love I have for her, she’s a beautiful miracle!” Wilson wrote on Instagram along with a photo of the newborn. “I am forever grateful to everyone who has been involved, (you know who you are), this has been years in the making…”

The “Bridesmaids” actress, who lost 80 pounds to improve her chances of getting pregnant, was open about her fertility struggles in the years leading up to Royce’s birth.

She wrote of her surrogate, “Thank you for helping me start my own family, it’s an amazing gift. The BEST gift!!”

Adrienne Bailon and Israel Houghton

Two years after speaking candidly on the “Real” about her fertility struggles, Adrienne Bailon introduced her and Israel Houghton’s baby boy, Ever.

“We have quietly prayed while sitting on this most magnificent secret for the last nine months,” the “Cheetah Girls” star wrote via Instagram in August 2022 before thanking her surrogate.

“He is worth every tear, every disappointment, every delayed prayer, every IVF cycle, every miscarriage. Everything.”

Khloé Kardashian and Tristan Thompson

Khloé Kardashian and Tristan Thompson conceived their second child, a son, in November 2021 with a surrogate’s help — one month before news broke that the athlete had fathered a baby boy with another woman.

Kardashian, who has yet to share the little one’s name, documented his July 2022 birth on her family’s Hulu show.

“I’m so grateful,” the reality star told “Kardashians” viewers in the emotional episode. “It’s such a beautiful gift that we’re able to have.”

Jen Atkin and Mike Rosenthal

Hairstylist-to-the-stars Jen Atkin and famed photographer Mike Rosenthal have welcomed two children via surrogate: son River and daughter Sloane.

The couple announced the arrival of Sloane in April 2022.

“Surprise! She truly is the sunshine of our home and an Aries Queen navigating a house full of Pisces, God help her,” Atkin captioned the announcement.

Grimes and Elon Musk

Grimes revealed in a March 2022 Vanity Fair interview that she and billionaire Elon Musk secretly welcomed their second child, a baby girl, via surrogate in December 2021.

“I don’t know. I don’t know what I was thinking,” she told the magazine of trying to conceal the baby.

The musician also revealed that she and Musk named their daughter Exa Dark Sideræl but call her Y, which is fitting considering older brother X Æ A-XII is referred to as X.

Becca Tobin and Zach Martin

In February 2022, Becca Tobin and Zach Martin welcomed their son, Ford, with the help of an “amazing” surrogate.

The “Glee” alum wrote via Instagram that while it “took … five years” to start a family, the infant was “worth every minute.”

She and Martin tied the knot in 2016.

Nick Jonas and Priyanka Chopra

Nick Jonas and Priyanka Chopra welcomed their first child via surrogate in January 2022. The couple — who tied the knot in December 2018 — made the announcement on their respective Instagram pages.

“We are overjoyed to confirm that we have welcomed a baby via surrogate,” their statement said. “We respectfully ask for privacy during this special time as we focus on our family. Thank you so much. ”

TMZ later reported that the baby is a girl.

Jamie Chung and Bryan Greenberg

In October 2021, Jamie Chung and Bryan Greenberg revealed they had secretly welcomed twin sons via surrogate.

The actress opened up about her surrogacy journey in June of the following year.

“I was terrified of becoming pregnant,” she explained to “Today Parents” in 2022. “I was terrified of putting my life on hold for two-plus years. … So it’s a compromise that we made together as a couple.”

Lance Bass and Michael Turchin

Lance Bass and Michael Turchin’s “baby dragons,” son Alexander and daughter Violet, were born in October 2021.

“I can not [sic] express how much love I feel right now,” the former *NSYNC member gushed in an Instagram post. “Now how do you change a diaper?”

The twins’ social media debut came after 10 failed IVF attempts.

Tan France and Rob France

Tan France and Rob France’s son, Ismail, was born seven weeks earlier than planned in July 2021.

While introducing the baby boy the following month after his NICU release, the “Queer Eye” star gave an update on his surrogate’s health.

“[She] is doing so great, post-labor, and we couldn’t be more grateful for the greatest gift in our lives,” the fashion designer wrote via Instagram.

Amber Heard

Amber Heard surprised her social media followers with a photo of her daughter, Oonagh, sleeping on her chest in July 2021.

“I decided I wanted to have a child. I wanted to do it on my own terms,” the actress wrote at the time.

A source told Page Six that Heard was “besotted” with her baby girl, adding, “She always knew that she wanted to be a mom, and this is her greatest wish come true. She’s so grateful to the wonderful woman who helped bring Oonagh into her life.”

Hilaria Baldwin and Alec Baldwin

Four months after welcoming son Eduardo, Hilaria Baldwin and Alec Baldwin’s daughter Lucía arrived.

The former yoga instructor told her “Witches Anonymous” podcast listeners in November 2022 that the little one is not “any less” her child.

“There’s no difference,” Hilaria clarified. “She is just as attached to me as all my other ones.”

Amy Smart and Carter Oosterhouse

Amy Smart and husband Carter Oosterhouse had their daughter, Flora, with a surrogate in December of 2016. She wrote on Instagram, “Feeling so grateful to have her in my arms… after years of fertility struggles I give thanks today to our kind, loving surrogate for carrying her.”

Anderson Cooper

After welcoming his son Wyatt, Anderson Cooper wrote, “I am grateful to a remarkable surrogate who carried Wyatt and watched over him lovingly, and tenderly, and gave birth to him. It is an extraordinary blessing — what she and all surrogates give to families who can’t have children. My surrogate has a beautiful family of her own, a wonderfully supportive husband and kids, and I am incredibly thankful for all the support they have given Wyatt and me. My family is blessed to have this family in our lives.”

Andy Cohen

Andy Cohen welcomed his son Benjamin in February of 2019 after announcing he was using a surrogate on “Watch What Happens Live.”

Cameron Diaz and Benji Madden

Benji Madden and Cameron Diaz welcomed their daughter Raddix via surrogate in 2020.

Elizabeth Banks and Max Handelman

Elizabeth Banks and Max Handelman welcomed both of their children via surrogate after Banks struggled with getting pregnant. Her son Felix is now nine, and her younger son Magnus is eight.

Gabrielle Union and Dwyane Wade

In 2018 Gabrielle Union took to Instagram to announce her surrogate baby, saying, “We are sleepless and delirious but so excited to share that our miracle baby arrived last night via surrogate.” Their daughter Kaavia now regularly makes appearances on their social media.

Giuliana and Bill Rancic

Giuliana and Bill Rancic famously documented their surrogacy journey on their former reality show, “Giuliana and Bill.” Their son, Edward, is now eight years old.

Nate Berkus and Jeremiah Brent

Nate Berkus and Jeremiah Brent have surrogacy to thank for their two children, Poppy and Oskar.

Jimmy Fallon and Nancy Juvonen

After struggling with fertility, Jimmy Fallon and his wife Nancy Juvonen welcomed two kids via surrogate. Their daughter Winnie was born in 2013, and Frances was born in 2014.

Jordana Brewster

Jordana Brewster said she “needed to use a surrogate” to welcome her two boys, Rowan and Juliet.

Kandi Buruss and Todd Tucker

Kandi Buruss and husband Todd Tucker welcomed their daughter, Blaze, with a surrogate in November of 2019 following high-risk pregnancies.

Kim Kardashian and Kanye West

Kim Kardashian and Kanye West used two different surrogates to welcome daughter Chicago and son Psalm.

Kristen Wiig and Avi Rothman

Kristen Wiig and husband Avi Rothman welcomed twins via surrogate in 2020. The “Barb and Star go to Vista Del Mar” star revealed the names of the twins in the credits of the movie.

Lucy Liu

In 2015 Lucy Liu welcomed a son via “gestational carrier.” The actress recently celebrated Rockwell Lloyd Liu’s fifth birthday.

Nicole Kidman and Keith Urban

After struggling with fertility following her three previous children, Nicole Kidman added a daughter to her family via surrogate.

Ricky Martin and Jwan Yosef

Ricky Martin and Jwan Yosef showed their fans their son Renn in October of 2019. The couple also shares twins Valentino and Matteo.

Tyra Banks

Tyra Banks welcomed her baby, York, in 2016 via surrogate. “As we thank the angel of a woman that carried our miracle baby boy for us, we pray for everyone who struggles to reach this joyous milestone,” she wrote after welcoming her son.

Surrogacy

There are situations in which a woman cannot carry a child on her own. In such cases, married couples can resort to the method of surrogate motherhood, in which a surrogate mother bears a child that is genetically alien to her.

Surrogate motherhood refers to assisted reproductive technologies and involves the participation of three persons in the conception at once. Firstly, the genetic father takes part in the conception, who provided the sperm for fertilization and agreed to acknowledge his paternity after the child is born. Secondly, we are talking about a genetic mother who provided her egg for fertilization and agreed to play the role of mother after the birth of the child. Thirdly, the surrogate mother herself is involved in the procedure, which can be a woman of childbearing age who has agreed, as a rule, on a compensatory basis, to bear and then give birth to a child for genetic parents.

This method of treatment lies in the fact that the embryo is obtained from the egg and sperm of a married couple, but another woman, a surrogate mother, is responsible for carrying the child. A surrogate mother does not have a genetic connection with the child she is carrying, and, therefore, is not able to transfer any of her traits to him, for example, the color of her skin, eyes, hair. The main requirement for a surrogate mother is expressed in physical health and a responsible attitude to the accepted role. Immediately after birth, the child is taken by the biological parents.

Who may need a surrogate mother?

In modern Russia, surrogacy is a method of treating pathologies associated with infertility. Surrogate motherhood is considered an extreme measure used in the treatment of severe forms of infertility. The help of a surrogate mother is addressed if the eggs of the biological mother can be fertilized, but the woman herself is not capable of bearing and giving birth to a child. The reasons may be related to an abnormality of the uterus or its complete absence, severe general diseases, the risk of rejection of transplanted donor organs, and the removal of malignant tumors.

Who can be a surrogate mother?

A familiar woman or an anonymous one can take the role of a surrogate mother. Mandatory conditions include the presence of at least one child of your own. In addition, the surrogate mother must be in good health, and her age cannot exceed 35 years. Another requirement is that a surrogate mother cannot bear a fetus that is derived from her egg.

THERE ARE CONTRAINDICATIONS. IT IS NECESSARY TO CONSULT WITH A SPECIALIST

The materials posted on this page are for informational purposes and are intended for educational purposes. Site visitors should not use them as medical advice. Determining the diagnosis and choosing a treatment method remains the exclusive prerogative of your doctor!

Putin signed the law banning surrogacy for foreigners

December 19, 2022

• Forbes Life

• Olga Mamikonyan Editorial Forbes

Vladimir Putin signed a law prohibiting foreigners from using surrogacy services in Russia. Now it is available only to married Russians, as well as single women, citizens of Russia who, for medical reasons, cannot bear or give birth to a child on their own

Russian President Vladimir Putin signed a law banning the use of surrogacy technologies for foreigners. The corresponding document was published on the official portal of legal information.

Now the law provides that only married Russians, as well as single women, citizens of Russia who, for medical reasons, cannot bear or give birth to a child on their own, can use surrogacy services. Also, the ban will not apply to cases where a Russian citizen is in a registered marriage with a foreigner.

According to the document, former spouses can be registered as the parents of a child who was carried by a surrogate mother only if the court does not establish that the divorced marriage was fictitious. So, if during the pregnancy of a surrogate mother one of the spouses dies, or the citizenship of one of the future parents or a single woman was terminated (for example, deprivation of citizenship, or voluntary withdrawal from it), they can be recorded as the child's parents only after obtaining permission from the surrogate mother .

Related material

The law provides that a child who is born in Russia by a surrogate mother who has entered into a surrogacy agreement with potential parents or a single woman acquires Russian citizenship upon birth. The document also cancels the possibility of a simplified exit from citizenship for children born to surrogate mothers, one of whose parents is Russian and the other has foreign citizenship.

A group of deputies and senators submitted a bill to ban the services of surrogate mothers for foreigners to the State Duma in December 2021. In May of this year, it was adopted in the first reading, and on December 8 - in the second and third readings. On December 14, the ban on surrogacy for foreigners was approved by the Federation Council. The initiators of the law were State Duma vice-speakers Pyotr Tolstoy and Anna Kuznetsova, head of the Duma committee on security and anti-corruption Vasily Piskarev, head of the civil society development committee Olga Timofeeva and senator Margarita Pavlova.

“Surrogacy for foreigners is prohibited. This will prevent the trafficking of our children, protect babies from situations when they fall into same-sex couples or become victims of crimes, including sales for organs, ”Vyacheslav Volodin, speaker of the State Duma, commented on the adoption of the law by the lower house of parliament in the Telegram channel.

• Olga Mamikonyan

  Editorial Forbes

#surrogacy #law

Forbes Newsletter

The most important thing about finance, investment, business and technology

Information:

• Contact information
• Processing rules
• Magazine advertisement
• Website advertisement
• Reprint conditions

We are in social networks:

• Telegram
• VKontakte
• Flipboard
• YouTube

Newsletter:

Edition name: forbes.ru

The online publication "forbes.ru" is registered by the Federal Service for Supervision of Communications, Information Technology and Mass Media, registration number and date of the decision on registration: series El No. FS77-82431 dated December 23, 2021.

Address of the editorial office, publisher: 123022, Moscow, st.

Learn more

• Pregnant women whooping cough vaccine
• How to help your child with confidence
• 
  How to get your child skipped a grade
• 
  Abortion of fetus
• 
  Menstruation in pregnancy
• 
  What is the normal body temperature for a newborn
• 
  Does your pee change when pregnant
• 
  Vaginal leakage during pregnancy
• 
  How do you have a miscarriage
• 
  How to get a copy of child support payments
• 
  How to tell husband pregnant with 4th child