Also known as: genetic surrogates · genetic surrogacy · traditional surrogate
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.
Gwen Gallagher agreed to serve as a genetic surrogate for Gabriel Gonzalez and Guillermo Guzman. She became pregnant using her own egg through assisted reproduction and gave birth to a child. A court then applied applicable state parentage statutes to determine that Gabriel and Guillermo are the legal parents of the child.
Giselle Guerrero entered a genetic surrogacy agreement with Gordon Gray and Gideon Graves. After the child was born, the intended parents petitioned the court to establish their parentage. The court recognized Gordon and Gideon as the legal parents based on the surrogacy arrangement and directed issuance of a replacement birth certificate naming them as such.
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A genetic surrogate uses her own gamete to become pregnant. A gestational surrogate uses gametes that are not her own. Both types of surrogacy require a valid agreement between the surrogate and the intended parents.
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A genetic surrogate must have attained twenty-one years of age before executing the agreement. This requirement ensures the surrogate possesses sufficient maturity to consent to the arrangement.
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Yes. The surrogate must have independent legal representation of her own choosing to advise her on the terms and consequences of the agreement. Representation by counsel for the intended parents or another party does not satisfy this requirement.
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The agreement is unenforceable. Courts will not recognize the intended parents as legal parents under the agreement and will instead apply default parentage rules.
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…the statutory procedures for the termination of parental rights and does not allow parties to terminate the parental rights of a traditional surrogate through judicial ratification of a surrogacy contract prior to the birth of the child. Accordingly, the contractual provisions in this case circumventing the statutory procedures for the…