Lesson 1 – Surrogacy Overview

Introduction

Lesson 1 lays the groundwork for the entire surrogacy course. Attorney and agency owner Yifat Shaltiel explains the core concepts, choices, and vocabulary that every intended parent (IP) needs before embarking on an independent surrogacy journey. Understanding these essentials will help you evaluate options confidently and follow later lessons with ease.

Two Paths to Surrogacy

Model	Genetic link to surrogate	Typical use‐case	Main legal route
Traditional Surrogacy	Yes – the surrogate’s own egg is used	Usually a close relative (e.g., sister‑in‑law)	Adoption by intended parents after birth
Gestational Surrogacy	No – embryo created with parents’ or donor gametes	Most modern arrangements	Court‑issued parentage order

Traditional Surrogacy

Because the surrogate is also the egg donor, she is the child’s genetic mother. That fact triggers two serious issues:

• Psychological risk – bonding may make it harder for her to relinquish the baby.
• Legal risk – in most jurisdictions the surrogate is the legal mother at birth, so the intended parents must complete an adoption. Single fathers may face extra hurdles if the court refuses to remove the surrogate’s name from the birth certificate.

Attempting a “turkey‑baster” home insemination to save clinic fees compounds the danger: it leaves no medical record to prove a surrogacy took place, voids donor protections, and adds infection risk for the surrogate.

Gestational Surrogacy

Here, embryos are created in a fertility clinic (via IVF or ICSI) using the intended parents’ or donor gametes and transferred to a surrogate who has no genetic tie to the child. Because parentage can be established by a pre‑ or post‑birth order, gestational surrogacy avoids most of the legal uncertainty of the traditional model and is therefore the prevailing choice.

Compensation Models

• Compassionate / Altruistic Surrogate – receives no wages, but legitimate reimbursements for medical bills, travel, and lost income are still paid. Typically a family member or very close friend.
• Compensated Surrogate – receives a negotiated fee that reflects her time, discomfort, and the medical risks of pregnancy. Payment is never for “selling a baby.” Funds are held in an escrow account and released according to the contract and clinic milestones (medication start, embryo transfer, heartbeat confirmation, delivery, etc.).

Experienced vs First‑Time Surrogates

An “experienced” surrogate should have completed at least one successful surrogacy that produced a healthy live birth, remained medically uncomplicated, and showed no breach of contract. Because her track record lowers uncertainty, her fee is usually higher.
A “first‑time” surrogate has never completed a journey. Verify that she has not failed medical screening, withdrawn from a prior match, or experienced an unsuccessful transfer elsewhere.

Basic Clinical Qualifications

While every fertility clinic sets its own standards, common requirements include:

• At least one prior uncomplicated full‑term birth
• No more than five previous pregnancies
• ≤ 2 miscarriages
• Body‑mass index (BMI) within clinic limits
• Age typically between 21 and 42

Meeting these criteria protects the surrogate’s health and improves the chances of a healthy outcome.

Essential Terminology

Knowing the shorthand used by nurses, physicians, and lawyers keeps communication clear:

• AI – artificial insemination
• ART – assisted reproductive technology (umbrella term for fertility treatments)
• BC / BCP – birth‑control (pills)
• ED / SD – egg donor / sperm donor
• ET – embryo transfer
• GC – gestational carrier (surrogate); GC‑A or GSA – gestational‑carrier agreement
• IF / IM / IP(s) – intended father, intended mother, intended parent(s)
• IVF – in‑vitro fertilization; ICSI – intracytoplasmic sperm injection
• RE – reproductive endocrinologist
• Gamete / Ova – sperm or egg cells
• Parentage Order – court decree naming the intended parents as the legal parents (pre‑ or post‑birth)
• Compensation Package – itemized list of fees, expenses, and reimbursements
• Escrow – regulated account from which surrogate payments are disbursed

Independent Journey vs Agency Support

Consideration	Independent Journey	Full‑Service Agency
Cost	Saves the agency fee; self‑matched surrogates often accept lower compensation	Higher overall, but some agencies negotiate lower surrogate fees
Control & Workload	You coordinate every step: screening, legal, escrow, travel, conflict resolution	Agency handles logistics and mediates money‑related disputes
Surrogate Matching	Must locate and vet your own candidate	Agency presents prescreened profiles
Conflict Buffer	You negotiate directly with your surrogate	Agency staff can step in to preserve relationships

Some agencies offer à‑la‑carte coordination for independent matches; this hybrid model can relieve administrative pressure without the full agency price tag.

Conclusion

A clear grasp of surrogacy types, compensation structures, surrogate qualifications, and industry jargon arms you to make informed decisions. If you opt for an independent journey, be prepared to manage the process meticulously—but remember that the trade‑off is often substantial savings and a more personal connection with your surrogate. With the fundamentals in place, Lesson 2 will dive into the detailed timeline and tasks you will oversee from embryo creation to post‑birth paperwork.