Sequence of stages (high level)
- Matching: Intended parent(s) identify a gestational carrier, either independently or through a surrogacy agency.
- Legal contracts: Both parties (with separate legal counsel) negotiate and execute a Gestational Carrier Agreement (GCA) that defines rights, responsibilities, compensation, and parentage.
- Medical preparation: The carrier undergoes medical and psychological screening. The intended parent(s) or donor(s) complete IVF to create embryos.
- Embryo transfer: A viable embryo is transferred to the carrier's uterus. This may require multiple attempts.
- Pregnancy: The carrier carries the pregnancy with ongoing medical monitoring and communication with the intended parent(s).
- Birth: The child is born. In most U.S. states, a Pre-Birth Order (PBO) or Post-Birth Order establishes the intended parent(s) as legal parent(s).
- Legal parentage: The birth certificate reflects the intended parent(s). This process varies by jurisdiction.
Roles of each actor
- Intended Parent(s): Initiate the process, provide genetic material (or select donors), fund the arrangement, and become the legal parent(s).
- Gestational Carrier: Carries the pregnancy. Has no genetic connection to the child. Provides ongoing consent throughout the process.
- IVF Clinic: Creates embryos, performs medical screening, and conducts the embryo transfer.
- Reproductive Attorneys: Draft the GCA, file for parentage orders, and ensure legal compliance. Each party should have independent counsel.
- Agency (if used): Matches intended parents with carriers, coordinates logistics, and manages communication. Not required but common.
- Escrow Company: Holds and disburses funds according to the contract terms.
Decision points
- Whether to use an agency or pursue independent matching.
- Selection of IVF clinic (which may differ from the clinic the carrier uses for transfer).
- Number of embryos to transfer (single vs. multiple).
- How to handle pregnancy complications or medical decisions.
- Whether to pursue a Pre-Birth Order or Post-Birth Order (jurisdiction-dependent).
Consent checkpoints
Consent in surrogacy is not a one-time event. It is an ongoing process with specific checkpoints:
- Carrier screening and approval (medical and psychological).
- Execution of the Gestational Carrier Agreement.
- Consent to embryo transfer (each cycle).
- Consent to medical procedures during pregnancy.
- Agreement on delivery plan and hospital policies.
If consent is withdrawn at any stage, the process stops. Contracts define remedies, but cannot force medical procedures.
Where professionals intervene
- Before matching: Attorneys advise on jurisdiction selection and legal risks.
- Before contracts: Independent legal counsel reviews terms for both parties.
- Before medical: Clinic conducts screening; psychologists evaluate readiness.
- Before birth: Attorneys file for Pre-Birth Orders (where available).
- After birth: Attorneys finalize parentage and birth certificate.
What this page does not include
- Advice on which agency or clinic to choose.
- Optimization strategies for success.
- Personal experience or emotional framing.
- Success rates or outcome predictions.