Although more and more couples and individuals are using subrogation to become parents, this process remains one of the most controversial; this is because the legal process is quite complicated, in addition to that in some states the subrogation has not been completely legalized.
However, this method may be an option for those couples who have some medical complication, such as infertility or history of miscarriage, or other factors that prevent conceiving a child in the traditional way.
Types of surrogate mothers
If you and your partner are thinking about using subrogation, it is important to stay informed about both the legal process and the different types of surrogate mothers that currently exist: the traditional surrogate is the woman who inseminates artificially with the sperm of the father, once giving birth, the surrogate mother delivers the baby to the couple and is detached from the biological bond that unites her with the child. The other type is the gestational surrogate, that is, a technique called “in vitro fertilization” is used where it is possible to use the mother’s eggs, fertilize them with the father’s sperm and place the embryo in the uterus of the surrogate mother; she carries the baby until birth, however, she has no genetic link with the child. In the United States gestational subrogation is less complex legally, this is because both parents have a genetic link with the baby; as a result, this type of subrogation has become much more common than the traditional surrogate, and an estimated 750 babies are born each year through gestational surrogacy.
Subrogation has made it possible for paternity to be an option for people who are not able to adopt because of their age or marital status. For example, if a gay couple decides to use a traditional substitute, one of them must fertilize the surrogate’s egg by artificial insemination; another option for this type of couples is to choose an egg donor, fertilize it and implant the embryo into a gestational surrogate.
How to find a surrogate mother?
Some couples choose to ask a friend or relative to play the role of surrogate, and although this method is somewhat controversial, couples who have chosen this process mention that it is much cheaper, as well as facilitates the legal process.
Another option to find surrogate mothers is the surrogacy agencies, where professionals in the field help couples to find the right surrogate, in addition to making the appropriate arrangements once the baby has been born.
Currently there is no regulation about who can become a surrogate mother, however, it is important to consider the following: you should choose a surrogate who is at least 21 years old and has already given birth at least once, has passed a psychological screening by a mental health professional to uncover any issues with giving up the baby after birth, and that she signed a contract about her role and responsibilities during pregnancy, as well as the agreement to deliver the baby.
If you’re currently going through a surrogacy procedure and are looking for legal representation, contact us for a free consultation. Click here to schedule or send a SMS to 619-648-9652.
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