Gestational Surrogate vs. Genetic Surrogate
Gestational Surrogate: A gestational surrogate is a woman who is at least 21 years of age, has had children before, and has not completed more than two surrogate pregnancies in the past. Upon completing physical and mental health exams, she agrees to carry the embryo(s) of Intended Parents (or donor genetic material), with the intent that they be the legal parents of any resulting children. The Gestational Surrogate is in no way related to the embryo(s) she carries.
Genetic Surrogate: A genetic surrogate is a woman who is at least 21 years of age, has had children before, and has not completed more than two surrogate pregnancies in the past. Upon completing physical and mental health exams, she agrees to be impregnated with the genetic material of the Intended Father, or donor sperm, with the intent that the Intended Parents be the legal parents of any resulting children. The egg involved in a genetic surrogacy is her own. A genetic surrogate is the biological mother of any resulting children.
Genetic Surrogacy Not Advised in Washington: Our office does not advise, nor do we engage in the drafting of genetic surrogacy agreements. Under Washington State law, the genetic carrier can terminate the agreement any time up to 48 hours after the birth of the child. Because she is the child’s biological mother, this will result in a paternity action, with the Intended Father likely to end up co-parenting with the biological mother, and perhaps incurring a child support obligation throughout the child’s life.
Idaho Law: Idaho makes no such distinction between gestational and genetic carriers.
For a free consultation on surrogacy contracts, please contact attorney Mark R. Iverson at (509) 462-3678, or toll free at 1(800)338-8273. Mr. Iverson is also available via email at mark@adoptionlegalservices.org
