What is gestational surrogacy?

Gestational surrogacy typically refers to an arrangement where a gestational carrier is not genetically related to the child. Pregnancy is usually achieved through IVF.

What is traditional surrogacy?

Traditional surrogacy generally refers to an arrangement where the surrogate is genetically related to the child. Legal and medical considerations can be different from gestational surrogacy, and availability varies by jurisdiction and provider.

Is traditional surrogacy legal everywhere?

No. Surrogacy laws vary by state and can change over time. If you are considering any surrogacy pathway, confirm requirements and risks with qualified legal counsel in the relevant jurisdiction.

Decision guide

Gestational vs Traditional Surrogacy

The key difference is genetic connection. Gestational surrogacy is the most common modern pathway and is typically IVF-based. Traditional surrogacy can involve different legal and medical considerations.

TL;DR

Gestational surrogacy: the carrier is not genetically related to the child (IVF-based). Traditional surrogacy: the surrogate is genetically related. Laws and availability vary—confirm your options with qualified professionals.

If you’re planning

Start by clarifying your clinic plan, legal jurisdiction, and matching preferences. Then build a timeline that includes medical readiness, contracts, and transfer scheduling.

Surrogacy process State laws Ask a question

Trust note

Last reviewed: March 23, 2026 · Reviewed by Patriot Conceptions Editorial Team

Reviewed for terminology accuracy, genetic-relationship framing, and the legal and clinical differences families should confirm before choosing a pathway.

Review standards Methodology Fact sheet

Comparison table

Dimension	Gestational surrogacy	Traditional surrogacy
Genetic connection	Carrier is typically not genetically related to the child.	Surrogate is generally genetically related to the child.
Typical medical pathway	IVF-based embryo transfer.	Varies by situation and jurisdiction; confirm protocols with your care team.
Legal considerations	State-specific contracts and parentage steps are common.	May involve different legal structures and risks depending on jurisdiction; consult counsel.
Common use today	More common.	Less common; availability varies.

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

Apply as a surrogate → Intended parents basics → Resource Center →

Important note: This page is educational information only and is not legal or medical advice.

Sources (selected)

Last reviewed: 2026-01-05