Different surrogacy arrangements affect legal parenthood, medical procedures, and emotional dynamics. Understanding these distinctions helps you make informed decisions about your path to parenthood.
Traditional Surrogacy
The surrogate mother’s eggs are used with artificial insemination, typically using the intended father’s sperm. This creates a genetic connection between the surrogate and the child, which adds emotional and legal complexity to the arrangement.
In traditional surrogacy, the surrogate is both the gestational and genetic mother. This dual role requires careful consideration and extensive support systems for all parties. The intended father who provides sperm has a biological link to the child, but legal parenthood still requires a parental order after birth.
If the surrogate mother is married or in a civil partnership at the time of conception, her spouse or partner is presumed to be the child’s legal father unless they can prove they did not consent to the treatment. This legal presumption must be addressed when applying for parental orders.
Gestational Surrogacy
IVF creates embryos using the intended parents’ or donors’ eggs and sperm, which are then transferred to the surrogate mother. She carries the pregnancy without any genetic connection to the child. This is Scotland’s most common surrogacy arrangement.
Gestational surrogacy often feels clearer to all parties because the genetic separation can provide emotional reassurance. However, the legal position remains the same, the surrogate is the legal mother at birth regardless of genetic makeup, and her spouse or partner may be considered the child’s legal father.
Whether you pursue traditional or gestational surrogacy, intended parents must still apply for a parental order to achieve legal parenthood. The court will consider factors including genetic links, the child’s welfare, and whether you’re married, in a civil partnership, or living together in an enduring family relationship.
