FREQUENTLY ASKED QUESTIONS about surrogacy and other third-party reproduction

If you have further questions, please contact us or call Meryl at 301-217-0074.

Do you work with all intended parents, whether they are single, married, gay or LGBTQ+?

Yes! We are happy to assist any intended parent on the path toward realizing their dream of building a family. Find out more about Meryl’s Surrogacy Consultations for Intended Parents or Legal Services for LGBTQ+ family building.

Do you work with clients from any state or country?

Yes. Although ARTparenting is based in the Maryland/Virginia/DC area, we work with clients from all over the United States and from other countries as well. We assist intended parents from all over the world. 

How do we get started with any process?

Please submit an Inquiry Form. We will then provide you with information about how we might be of assistance. Or contact us for a free initial 15-minute surrogacy consultation. You may also call Meryl directly at (301) 217-0074.

What is the difference between a “gestational carrier” or “gestational surrogate” and a “traditional surrogate”?

A gestational carrier or gestational surrogate* is a woman who carries a child conceived through in vitro fertilization (IVF) using the egg (ovum) of the intended parent or an egg donor, and the sperm of the intended parent or sperm donor, or even utilizing an embryo donor. This is different from a traditional surrogate who carries a child using her own egg and is the genetic and biological mother of the child. 

What is Assisted Reproductive Technologies (ART)?

Assisted Reproduction is a method of achieving a pregnancy through means other than by sexual intercourse, and may include intrauterine or intracervical insemination, donation of gametes, in vitro fertilization and embryo transfer, and intracytoplasmic sperm insemination. Assisted Reproductive Technology (ART) refers to any medical or scientific procedures or treatment provided by a medical provider with the intent of achieving a pregnancy and having a child. This may involve third-party reproduction.

What is Third-party Reproduction?

This is a process that includes the use of any of the following: donor sperm, donor eggs, donor embryos, traditional surrogate mothers, and gestational surrogates/carriers.

Can we use our own surrogate and still work with you?

Yes! ARTparenting will prepare the necessary legal agreements, and Meryl can assist and guide you — see Surrogacy Consultations for Intended Parents. It is highly recommended that medical and psychological screening, and clearance are completed before proceeding with the full legal contract. We can also assist you throughout the process, including with the necessary paperwork or court order process for recognition of parental rights and the birth certificate before or after the birth.

Can we use a sperm donor, an egg donor, or both in a gestational surrogacy?

Yes. In some cases, the sperm and/or egg of the intended parents are utilized. In other cases, a sperm donor or an egg donor or both, or even an embryo donor, is utilized. Please do inquire before proceeding with a gestational surrogate, because some states do restrict the use of both an egg and a sperm donor, or an embryo donor.

Can we use our own egg or a sperm donor?

Yes. Your IVF center will screen the donor. You will still need to have an egg-donor or sperm-donor agreement in place prior to the donation, and an embryo donation agreement if using embryo donors.

When is the right time to contact an ART attorney?

Before you start any medical or fertility treatments. You want to be fully informed about the process and clear about all legal aspects, including any required decision-making prior to egg retrieval, sperm donation, embryo formation, and/or to signing any documents to proceed with medical treament.

 How long does it take to be “matched” with a surrogate?

First, be aware that the term “matching” means different things to different matching programs or agencies. Be clear before you start with any program what their process for matching is. Generally, matching with a gestational surrogate usually will take a number of months, and for some agencies a year or more. As the demand in the US grows, the matching time does as well.

The time will depend in part upon what is important to you in a match. You should not be matched with any surrogate until they are fully prescreened, including medical clearance from their OB, medical review of records preferably by your IVF center, health insurance review, and ideally the full psychological evaluation. It is critical to complete ALL of these reviews prior to any match so that it may proceed smoothly and without unnecessary expense. Some agencies, though, will not do the full psychological until after matching, especially if your IVF center requires that they complete this step. 

Do all states have similar laws regarding surrogacy?

No, all states are not the same. It is the job of your attorney or surrogacy matching program/agency (1) to educate you about which states are surrogacy friendly and, (2) to make sure you are only working with a gestational surrogate that will deliver in a surrogacy-friendly state and where you are able to be legally recognized as the parents.

What are the legal issues in the state in which I/we live that are relevant to surrogacy for intended parents?

Your attorney must be able to advise you about the relevant laws in the state in which you live, and the state in which the gestational surrogate lives and will deliver, and what laws are relevant to your case. 

Location will affect how you will be legally recognized as the parents of your child and obtain a birth certificate with your name(s) on it after the delivery of your baby. It is imperative to work with a surrogate who lives in and will deliver in a surrogacy-friendly state. Your surrogacy agreement must be drafted in a way that addresses all relevant state laws and provisions.

What do we do if surrogacy is illegal in the state in which I/we live? Can ARTparenting advise me?

Yes. Please contact ARTparenting to find out how your state laws will affect you and your arrangement.

Will my/our name(s) be on the birth certificate?

This is the ultimate goal! How this is accomplished will depend completely on the state in which you live and/or the state where the gestational surrogate lives and delivers, as well as the type of surrogacy involved (traditional or gestational). Your attorney will advise you about what legal steps are necessary to legally recognize you as your child’s parent(s) at the time you are matched with your gestational surrogate.

From a legal standpoint, what exactly happens after the birth?

This depends on the states involved. Meryl can help the intended parent(s) obtain one of the following: a pre-birth judgment (order) a post-birth judgment  (order) or we will go through a step-parent or second-parent adoption process to legally recognize you as the sole legal parents of your child and obtain a birth certificate with the your names on it. 

In a few states the applicable process is an administrative one. No matter what the legal process is, this should not affect the ability of the intended parent(s) to be with the baby in the hospital, to make medical decisions for the baby, or to go take the baby home after the birth.

> Learn about our legal services

What are some of the recommended requirements a gestational surrogate should meet? 

• Be between 21 and 44 years of age

• Given birth to a child of your own

• Be financially stable

• Have support from her family and/or others close to her for the decision to be a gestational surrogate

• Enjoy being pregnant and have had healthy, normal pregnancies and deliveries in the past

• Have no serious medical problems

• No more than two or three C-sections (depends on IVF center)

• Have had no pre-term deliveries before 36 weeks, unless she delivered multiples (will be evaluated by the IVF center if may proceed)

• Be a non-smoker

• Use no illegal substances

• Have a body mass index (BMI) equal to or less than 32 (some IVF centers this is less)

• Be a resident of a surrogacy-friendly state (inquire)

• Have reliable transportation and be willing to travel, if necessary, for screening, matching with intended parent, and medical testing

• Be willing to undergo medical and psychological evaluations, and any spouse/significant other should be willing to undergo the same

• Have no criminal history

• Have a desire to help others have a family