Assisted Reproductive Technology (ART)
ART is an acronym Assisted Reproductive Technology which includes any fertility treatment to achieve a pregnancy.
When Intended Parents are unable to achieve a pregnancy for whatever reason, a woman may act as a surrogate host on their behalf. The Surrogate Host agrees to become pregnant using her ovum, the ovum of the Intended Mother or the ovum of a Donor. The ovum is fertilized with the Intended Father or a Donor’s sperm. The Intended Parents become the legal parents of the child. A contract outlining the agreement between the parties should be prepared and executed prior to any medical procedures.
In a traditional surrogacy the Surrogate Host's ovum is combined with the Intended Father’s sperm or a Donor's sperm. The Surrogate Host enters an agreement with the intention of placing the child with Intended Parents. The Surrogate Host agrees to relinquish any parental rights as the genetic mother of the child.
In a gestational surrogacy an embryo is implanted into the Gestational Carrier and the Gestational Carrier carries the pregnancy. In some cases the Intended Mother is the genetic parent. The ovum may also be that of a Donor. Sperm used to create the embryo may be that of the Intended Father or a Donor.
Who Is Recognized As the Mother At The Time Of Birth?
At birth, the gestational host is recognized as the mother of the child by the hospital staff for purposes of creating an initial birth certificate even though she may not be the genetic mother. The parties contractually agree that the intended parents become the legal parents of the child and a new birth certificate is issued naming the Intended Parents as the parents of the child.
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