Surrogacy has come a long way over the past few decades. What was once a legally murky and emotionally complex process has evolved into a clearer, more secure path to parenthood, thanks in large part to the rise of gestational surrogacy. While traditional surrogacy played a role in the early history of assisted reproduction, it’s now rarely practiced in the United States. Understanding the difference between these two types of surrogacy isn’t just a matter of terminology; it has real implications for intended parents, surrogates, and the families they help create.
Why is Traditional Surrogacy Uncommon?
While more common decades ago, traditional surrogacy involves a surrogate carrying a child conceived using her own eggs. This approach raised legal and emotional complexities that made surrogacy especially vulnerable to disputes over custody and parental rights. The challenges of traditional surrogacy notably came to light in the case of Baby M — the first contested surrogacy case in U.S. history.
In New Jersey in 1985, Mary Beth Whitehead answered an ad to be a surrogate for William and Elizabeth Stern. Under a signed contract, Whitehead agreed to be inseminated with William’s sperm, carry the pregnancy, and then relinquish her parental rights upon the baby’s birth. However, when she later refused, the Sterns sued, and the case drew national attention, raising deep questions about whether surrogacy contracts could, or should, be enforced.
The case made its way to the New Jersey Supreme Court, which struck down the contract as unenforceable, ruling that paying a woman to surrender her biological child violated public policy. However, because of the Sterns’ greater ability to provide for Baby M, the court awarded them custody.
The outcome rattled public opinion and stirred mounting unease over traditional surrogacy, leading to stricter surrogacy laws and outright bans in some states and even other countries. At the same time, however, it paved the way for gestational surrogacy, where IVF made it possible to separate genetics from pregnancy.
What Makes Gestational Surrogacy Different?
Gestational surrogacy is now the most common and trusted form of surrogacy in the United States. Unlike traditional surrogacy, the gestational carrier has no biological connection to the child she carries. The embryo is created through IVF, using the intended parents’ or donors’ genetic material, and then transferred to the surrogate’s uterus.
Gestational surrogacy has proven to offer fewer emotional and legal challenges for both surrogates and intended parents, for example:
- With no genetic connection between surrogate and child, intended parents are able to establish parental rights more securely.
- Surrogates are no longer placed in the difficult position of delivering and relinquishing parental rights to their biological child
- Intended parents and surrogates alike benefit from clear roles and expectations, reducing the risk of conflict.
The clarity of gestational surrogacy has made it the preferred approach across the U.S., and this is why virtually all U.S.-based surrogacy agencies, including ours, exclusively work with gestational surrogates.
A Clearer, Safer Path to Parenthood
While traditional surrogacy played a role in the history of assisted reproduction, it’s now largely a thing of the past. Gestational surrogacy is today’s gold standard, offering intended parents, surrogates, and children the greatest clarity, security, and care.
If you’re considering surrogacy, the right guidance can make all the difference. At International Surrogacy Center, we’re here to help you navigate every step with confidence, compassion, and a clear understanding of what’s best for your family. Contact us today to learn more.