Also known as:genetic surrogate · traditional surrogacy
Written by attorneys · grounded in primary & secondary sources — see below
A woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using her own gamete under a genetic surrogacy agreement. The agreement must satisfy statutory requirements for execution and validation to determine resulting parentage under applicable state law.
Sources & Authorities
How it applies
Common Examples
2
Parentage Determination After Surrogacy Birth
Glenn Gross and Gwen Gallagher entered a genetic surrogacy agreement with Greta Goldstein under which Greta would use her own egg fertilized by Glenn's sperm. After the child was born, a dispute arose over whether Glenn and Gwen held legal parent status for inheritance purposes. The court applied the jurisdiction's assisted-reproduction and surrogacy parentage statutes to resolve the competing claims rather than default birth or genetic presumptions alone.
Enforceability of Traditional Surrogacy Contract
Gerald Gibson and Gabriella Gomez contracted with Gina Gray for a genetic surrogacy arrangement using Gina's own gamete. After the child arrived, Gina refused to relinquish parental rights and sought custody. The court examined whether the traditional surrogacy agreement was enforceable under state law governing such arrangements.
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Uniform Acts
Study Supplements
In re Marriage of Moschetta30 Cal. Rptr. 2d 893, 900 (Cal. App. 1994)
Common questions
Frequently Asked
3
How does a court determine parentage when a child is born to a genetic surrogate?+
The court applies the jurisdiction's assisted-reproduction and surrogacy parentage statutes. These statutes focus on intended-parent status, consent, and compliance with statutory procedures rather than birth or genetics alone.
Supporting sources
What distinguishes a genetic surrogate from a gestational surrogate?+
A genetic surrogate uses her own gamete to become pregnant. A gestational surrogate carries an embryo created with gametes that are not her own.
Supporting sources
Must a genetic surrogacy agreement receive court validation to be enforceable?+
Yes. To be enforceable a genetic surrogacy agreement must be validated by the designated court before assisted reproduction begins. The court issues a validating order only after finding that statutory requirements have been met.
Supporting sources
12 A.3d 783 (Conn. 2011)Family Law
…mother) carries the fetus and gives birth to the child." Id. Black's Law Dictionary distinguishes "gestational surrogacy" from "traditional surrogacy," by defining the latter as "[a] pregnancy in which a woman provides her own egg, which is fertilized by artificial insemination, and carries the fetus and gives birth to a child for…
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