Gestational vs Traditional Surrogacy

Questions to ask (to avoid surprises)

• Which pathway is supported by my fertility clinic?
• What jurisdiction governs the agreement and parentage steps?
• What screening and support steps are standard for everyone involved?
• What is the expected timeline from match → legal → transfer?

Next steps

How the genetic relationship changes the journey

In gestational surrogacy, the carrier has no genetic link to the baby. An embryo is created through IVF using the intended parents’ gametes, donor eggs, donor sperm, or donated embryos, and is then transferred to the carrier. Because the carrier is not the genetic parent, the parentage step in many states is more predictable, which is one reason gestational surrogacy is the standard modern pathway.

Traditional surrogacy uses the surrogate’s own egg, so she is genetically related to the child. That genetic link can introduce different legal and emotional considerations, and availability is limited. Most U.S. programs, including ours, focus on gestational journeys for this reason.

Where state law fits into the decision

Surrogacy is governed state by state, and the two pathways are often treated very differently. Several states recognize and enforce compensated gestational carrier agreements with clear pre-birth or post-birth parentage processes, while traditional arrangements may face more restrictions or uncertainty. Choosing the delivery state early, with qualified counsel, helps keep the parentage workflow clean.

Our public state-law library tracks how compensated agreements and parentage steps differ by jurisdiction so you can plan around the rules instead of discovering them late.