Traditional surrogacy and gestational surrogacy differ in one key way: genetics.
In gestational surrogacy, the surrogate carries a pregnancy created through IVF but has no genetic connection to the baby. In traditional surrogacy, the surrogate uses her own egg and is therefore biologically related to the child.
While both options exist, gestational surrogacy is far more common today. It offers clearer legal protections, more defined roles, and is the approach most fertility clinics and agencies support.
Key Differences Between Traditional vs Gestational Surrogacy
|
Traditional Surrogacy |
Gestational Surrogacy |
|
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Genetic Connection |
Surrogate is the baby’s biological mother |
Surrogate has no genetic link to the baby |
|
Fertilization Method |
Artificial insemination (IUI or ICI) |
IVF (in vitro fertilization) |
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Egg Source |
Surrogate’s own eggs |
Intended mother’s or donor’s eggs |
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Legal Complexity |
More complex, surrogate may need to terminate rights |
Legally clearer in most cases |
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Emotional Considerations |
Can be emotionally difficult for the surrogate |
Less emotional conflict due to lack of genetic tie |
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Availability |
Rare, often discouraged or banned in many regions |
Common and widely supported by agencies and clinics |
|
Cost |
Typically less expensive (fewer medical procedures) |
Usually more expensive due to IVF and medical involvement |
What Is Traditional Surrogacy?
In traditional surrogacy, the surrogate uses her own eggs to conceive, which means she is the biological mother of the baby she carries.
This process typically involves artificial insemination, where the surrogate is inseminated with sperm from the intended father (or a donor). Once pregnant, she carries the baby to term and then relinquishes parental rights to the intended parents after birth.
Key Characteristics of Traditional Surrogacy
- The surrogate is genetically related to the child.
- Conception happens through intrauterine insemination (IUI) or intracervical insemination (ICI).
- Often chosen when intended mothers cannot provide viable eggs.
- May be done independently or with minimal medical intervention.
Legal and Emotional Considerations
Because of the biological connection between the surrogate and the baby, traditional surrogacy can raise significant legal and emotional challenges. Courts may require additional steps to terminate the surrogate’s parental rights, and some surrogates may find it emotionally difficult to part with the child.
That’s why traditional surrogacy is much less common today—and even illegal in many U.S. states.
Most surrogacy agencies and fertility clinics now focus exclusively on gestational surrogacy due to its greater legal clarity and emotional simplicity.
What Is Gestational Surrogacy?
Gestational surrogacy is the most widely used and legally supported form of surrogacy today. In this arrangement, the surrogate carries a baby that is not genetically related to her.
Instead, the embryo is created using an egg from the intended mother or an egg donor, and sperm from the intended father or a donor. This embryo is then implanted in the surrogate’s uterus through in vitro fertilization (IVF).
Because the surrogate has no biological link to the child, gestational surrogacy typically involves fewer legal complications and is often more emotionally straightforward for everyone involved.
Key Characteristics of Gestational Surrogacy:
- The surrogate has no genetic connection to the baby.
- An embryo is created via IVF using the intended parents' or donors’ genetic material.
- Requires more medical steps than traditional surrogacy.
- Legally safer and more widely accepted in most regions.
Gestational surrogacy requires 3 main steps:
Egg Donation or Egg Retrieval
The intended couple chooses an egg donor, or the intended mom may choose to use her own eggs. To prepare for the egg retrieval, the egg donor or individual can take a series of fertility medications to stimulate her ovaries. The eggs are later retrieved during a short 30-minute procedure.
Fertilization of the Embryo
After the eggs are retrieved, they are fertilized with the intended father’s sperm to create embryos. The embryos can either be frozen or immediately transferred to the surrogate, depending on the intended parents' desired timeline.
Embryo Transfer
The embryo transfer is a small procedure in which the embryo(s) are placed into the surrogate's uterus through a very fine transfer catheter. This is a low-risk procedure and does not require pain medication or sedation. Because an egg donor was used, the surrogate has no genetic relation to the child.
Legal Differences Between Traditional and Gestational Surrogacy
Legal considerations are one of the main reasons most intended parents choose gestational surrogacy today.
While both types of surrogacy can be legal in certain jurisdictions, the presence or absence of a genetic connection to the surrogate significantly affects how parental rights are established.
Gestational Surrogacy Offers a Clearer Legal Path
In gestational surrogacy, the surrogate has no genetic relationship to the child. This separation between genetics and pregnancy generally makes it easier to establish the intended parents’ legal rights.
In many cases, parentage can be secured through pre-birth orders or other legal mechanisms before the baby is born.
Because of this clarity, most fertility clinics, agencies, and attorneys recommend gestational surrogacy as the standard approach in the U.S.
Traditional Surrogacy Creates Greater Legal Complexity
In traditional surrogacy, the surrogate uses her own egg and is therefore genetically related to the child.
This biological connection can complicate parental rights, particularly in states where genetics play a role in determining legal parentage.
As a result, intended parents may be required to complete additional legal steps after birth, such as adoption or court proceedings, to establish full parental rights.
Laws governing traditional surrogacy vary widely by state, and some jurisdictions restrict or discourage it altogether.
Agency vs. Independent Surrogacy
Another key decision you’ll face is whether to work with a surrogacy agency or pursue the journey independently.
In an independent surrogacy (also called private surrogacy), the intended parents and surrogate manage the process without the help of a surrogacy agency. This is more common when the surrogate is a friend or family member, and everyone already has an established relationship.
While this path may seem simpler or more affordable, it often comes with greater risks.
Without expert guidance, intended parents may face legal blind spots, emotional misunderstandings, or logistical challenges they weren’t prepared for.
Surrogacy agencies such as Hatch offer a full support system for the intended parents and the surrogate. Here’s what a reputable agency typically provides:
- Matching services to connect you with a qualified, prescreened surrogate
- Legal coordination to ensure contracts and parentage orders are in place
- Medical support through partner fertility clinics
- Emotional counseling for both parties
- Conflict resolution if unexpected issues arise
While independent surrogacy may work for some families, partnering with a professional agency typically results in a more structured, secure, and supportive journey.
The Right Type of Surrogacy for You
If you’re looking into using a surrogate or gestational carrier, don’t get overwhelmed by the different kinds of surrogacy. We’re here to help you every step of the way.
We can guide you through all your options until you find the perfect arrangement that meets all your needs.
So, don’t wait any longer; let’s get your surrogacy journey started today.
Frequently Asked Questions About Traditional vs. Gestational Surrogacy
What is the main difference between traditional and gestational surrogacy?
The main difference is genetics. In gestational surrogacy, the surrogate carries a pregnancy created through IVF but has no genetic connection to the baby. In traditional surrogacy, the surrogate uses her own egg and is therefore biologically related to the child.
Why is gestational surrogacy more common than traditional surrogacy?
Gestational surrogacy is more common because it offers clearer legal protections and more clearly defined roles. Since the surrogate is not genetically related to the child, establishing parental rights is typically more straightforward, which is why most clinics and agencies recommend this approach.
Is traditional surrogacy still legal?
Traditional surrogacy is legal in some states, but laws vary widely. Because the surrogate is genetically related to the child, traditional surrogacy can involve additional legal steps and restrictions. For this reason, it is much less commonly used today.
What is the success rate of gestational surrogacy?
Success rates in gestational surrogacy depend on several factors, including the age and health of the egg provider, embryo quality, and the surrogate’s overall health.
That said, gestational surrogacy is widely considered a highly successful path to parenthood, especially when high-quality embryos and carefully screened surrogates are involved.
At Hatch, 99.5% of intended parents who start a journey with us ultimately welcome a baby. While every journey is unique, this level of success underscores why gestational surrogacy is the preferred option for most families today.
Is gestational surrogacy more expensive than traditional surrogacy?
Gestational surrogacy typically has higher upfront medical costs because it involves IVF and embryo creation. However, traditional surrogacy can involve additional legal complexity, which may increase costs in other ways. For many families, the predictability and legal clarity of gestational surrogacy outweigh the difference in initial expense.
Which type of surrogacy do most intended parents choose?
Most intended parents today choose gestational surrogacy. Fertility clinics and agencies widely support it, and it offers a more structured medical and legal process compared to traditional surrogacy.