Comparative Analysis of Surrogacy in the Northeast region of the U.S

Ana Arias-Oliveras

Abstract

Advancement in the science of Artificial Reproductive Therapies (ART) has led to an increase of children born pursuant surrogacy arrangements. It is considered to be a form of family building for couples or individuals who are unable to carry a pregnancy. Within the United States, there are two surrogacy models, Gestational and Traditional. Gestational surrogacy is when the intended parents obtain a surrogate host who will carry the fetus until delivery. As part of the agreement, the surrogate relinquishes parental rights prior to the birth of the child. Traditional surrogacy is when the intended parents obtain a surrogate host who will agree to provide an ovum and carry the fetus until delivery. The embryo is a product of the surrogate and the husband of the commissioning couple, thus creating a genetic link between the surrogate and child. Parental rights are relinquished by the surrogate at the time of delivery, but due to the variability in adoption laws, may not be official for up to several years. Surrogacy as a viable option for infertile couples should be taken into consideration when one of the following circumstances are present: it is biologically impossible for one or both intended parents and/or is medically contraindicated to carry a baby regardless if this condition is congenital or acquired.

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